Yellowknife (Feb 24/06) - Despite not yet knowing who his lawyer will be, Lyle Omilgoituk was scheduled for a March 17 preliminary inquiry and trial by Judge Brian Bruser in territorial court this week.

Omilgoituk, who remains in custody, appeared in court for the 11th time on multiple charges - including assault, armed robbery, assault causing bodily harm and breach of undertaking.

The preliminary hearing will be held on the armed robbery charge, while the trial will be held on the other charges. Both hearings will take place on the same day.

Unable to find a lawyer to represent himself, Omilgoituk and the Crown were told by Judge Brian Bruser during his last court appearance that there is a possibility the charges could be dropped due to a clause in the Charter of Rights.

When the court was told by duty counsel Patrice Taylor on Tuesday that a lawyer, Stephen Shabala of Hay River, had been found to represent Omilgoituk, a brief discussion ensued.

"I want to avail myself to the right to choose other counsel," Omilgoituk said from the prisoner's box in the courtroom.

The accused said he was told by Shabala that he wasn't going to represent him.

Yellowknifer called Shabala in Hay River, confirming Omilgoituk's statement may be true.

"I really don't know if I am or not (representing him). I have a few things that have to be worked out," Shabala said.

Judge Bruser, however, told Omilgoituk that while he may have a choice of counsel on the robbery charge because it is an indictable offence, he does not have a choice on the other charges.

Lucy Austin, executive director of the Legal Services Board, confirmed Bruser's statement.

"We will now appoint him counsel," Austin said.

Bruser also told the court that pleas must be taken on the charges, despite protests from Omilgoituk.

That said, when Omilgoituk cited a conflict of interest with numerous lawyers, Bruser told the court not guilty pleas were to be recorded on the charges with election by jury. Omilgoituk will remain in custody until his next court appearance.