Kent Driscoll
Northern News Services

Iqaluit (Sep 12/05) - Despite warnings from a psychiatrist that a man with dozens of criminal convictions is a danger to re-offend, the Nunavut Court of Justice has ruled he's not a dangerous offender.

During a hearing Friday, Justice Earl Johnson sentenced Mosesee "Cowboy" Nowdlak to eight years in prison and 10 years of supervision as a "long-term offender."

The Crown attorney had applied for Nowdlak, 40, to be designated a "dangerous offender," a ruling that would have kept him in prison indefinitely.

"I conclude that the public threat can be reduced to an acceptable level through a determinate period of detention followed by a long-term supervision order," said Johnson.

The ruling came after Nowdlak was convicted of assault last year for hitting a man in the head with a hammer during a two-day rampage in May 2001 that included setting fire to an apartment.

Johnson chose the lesser designation in spite of coming to the conclusion that "the offender meets all the criteria to be declared a dangerous offender." He cited a Supreme Court of Canada decision that encourages judges to consider long-term offender status, if "long-term offender provisions would be sufficient to achieve the objectives that dangerous offender provisions seek to advance."

The ruling seems at odds with a court-ordered psychiatric assessment of Nowdlak.

A report by Dr. Phillip E. Klassen said Nowdlak presents a risk to re-offend when he is released from prison.

"This gentleman presents in, if you will, a Aclassic' psychopathic manner... This gentleman is at risk of future violent recidivism."

Klassen also noted that Nowdlak refused to co-operate with the May 2003 assessment.

"Mr Nowdlak stated, AI'll be honest, I don't really want to talk to you' and ultimately concluded that Awhatever is said will basically be used against me.'"

Nowdlak's record includes 34 property-related offences, 15 violent offenses against people, 12 convictions for mischief or causing a disturbance, six convictions for failing to appear in court, one conviction for a prison break and one conviction for arson endangering a life.