Amanda Vaughan
Northern News Services
Published Wednesday, November 14, 2007

YELLOWKNIFE - A Yellowknife man will spend six months in jail after lying about his name and his job while attempting to pose as a responsible adult at a youth's bail hearing.

Jesse McEwen, 26, pleaded guilty to a charge of perjury, as well as charges of breach of a court order and failure to appear in court.

Crown prosecutor Shelley Tkatch said McEwen appeared in court April 4 to guarantee the youth would abide by his bail conditions. At court, he was sworn-in and then stated his name was James Miller.

"He agreed to provide housing for the accused in the show cause hearing," Tkatch said, adding that he had also stated he was employed by BHP Billiton as a labourer on a two week on, two week off schedule.

Unfortunately for McEwen, there happened to be a police officer present in the courtroom who knew him, and identified him during the proceedings to a crown lawyer who was also watching the hearing unfold.

Tkatch said that the lawyer passed a note to the crown prosecutor acting in the show cause hearing, who then grilled McEwen about his true identity on the stand during cross examination.

"He asked... 'Does the name Jesse McEwen ring a bell to you?'" she said.

McEwen at first denied that was his real name. He was asked about the name twice more before he finally admitted that "the courts knew him as Jesse McEwen."

After his admission, it was also later discovered he had never worked for BHP.

Tkatch told the court that perjury cases are rare. She recommended a sentence of between eight to 12 months.

McEwen's defence lawyer, Brad Enge, argued for the court to credit McEwen six months for his three months already served in remand. He said his client's lie was thwarted almost instantly.

"It did not result in the unjust release of the youth involved from custody," Enge said.

But Tkatch said it was only "sheer luck that the officer (who identified McEwen) was in the courtroom that day."

Judge Robert Gorin made note of the fact that "it took some persistence" for the accused to admit his true identity, and also mentioned McEwen's "lengthy criminal record" for his years.

"He has 24 convictions as an adult and a youth," Gorin said.

Gorin sentenced McEwen to a total of 12 months, minus six months' credit for time already spent in custody.