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Robbery suspect may go free

Dorothy Westerman
Northern News Services

Yellowknife (Feb 10/06) - A man charged with armed robbery, assault causing bodily harm and other charges may go free because he can't find a lawyer.

In court Tuesday, Judge Brian Bruser cited Charter of Rights and Freedoms when he warned that if Lyle Omilgoituk is unable to find a lawyer by his next court appearance, that he may walk away from the multiple charges he's facing.

Omilgoituk was charged with one counts of common assault, two counts of uttering threats, two counts of assault causing bodily harm, one count of armed robbery and breach of undertaking last fall.

He has been in custody since the charges were laid, but unable to find a lawyer, the court was told.

"He may be facing a conditional stay," said Bruser, Tuesday.

When charges are stayed, the Crown has a year to reactivate the charges.

The duty counsel in court on Tuesday said he couldn't represent Omilgoituk because of a conflict of interest.

Crown lawyer Mike Himmelman said because the charges are serious in nature, they prefer not to see them stayed.

"If, in fact, there is a hearing into this matter, the Crown will be putting its position forward," Himmelman said.

He could not comment on why a defence lawyer could not be secured for Omilgoituk.

"What I'm interested in seeing is that people charged with serious offenses like this one be accountable for their crime, but be dealt with fairly by the system," Himmelman said.

Omilgoituk has not yet entered a plea and is scheduled to return to court on Feb. 21.

He has appeared in court on the matter nine times without a lawyer.