Tuktoyaktuk (Jan 17/05) - Lady justice may be fair; but quick, she is not.

Almost two years after he was charged with second-degree murder in Tuktoyaktuk, James Elias still awaits trial.

The former RCMP officer, also charged with aggravated assault and discharging a firearm, was to stand trial in Tuk this week for the February 2003 shooting death of his 24-year-old brother Brian. However, a jury was not able to be secured Jan. 8.

Of the 156 Tuk residents served with a summons to appear for jury duty, 20 were excused before the proceedings began and 68 were excused by Supreme Court Justice Paul Chrumka. Of the rest, only six people could be found to fill the 12 spots.

"The people that were summoned as jurors had valid reasons why they couldn't serve," said Cpl. Tim Beland of the Yellowknife RCMP who was in Tuk for jury selection.

Some had health issues, jobs they couldn't leave or were close relations with those involved in the trial, he said.

"They didn't think they could be impartial," said Crown attorney Loretta Colton. Both witnesses and the accused come from extended families in the small community, she said.

Further setbacks

A change of venue hearing is expected to be held in Yellowknife this week. The storm that hit Tuk last week kept Crown and defence lawyers from attending a hearing in Yellowknife last Thursday.

"We were both kind of trapped in the blizzard," said Colton.

"Inuvik is an option," said Colton. "The question that needs to be answered is 'where can we have a fair, public trial.'"