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Crown claims Melanson confessed
Paul Bickford Northern News Services Published Monday, December 22, 2008
Christine Gagnon, the Crown attorney in the case, said the confession was videotaped while the accused, John Murray Melanson, was in police custody in Toronto, where he was arrested in early 2007 after leaving Hay River. She declined to offer details on the contents of the videotape. Melanson, 45, faces numerous charges in Hay River, dating back to the fall of 2006, including possession of child pornography and two counts each of sexual assault, sexual interference, invitation to sexual touching and breach of probation. Gagnon revealed the existence of the confession during a Dec. 16 court hearing in Yellowknife to set a date for a preliminary inquiry. She said the Crown will mostly rely on the videotaped confession at the preliminary inquiry. "That is the evidence we will tender in court," Gagnon said. In addition, she said six witnesses are expected to be called, including three police officers from Toronto. The preliminary inquiry has been set for April 15 in Yellowknife Territorial Court. Gagnon said it is not necessary for the Crown to call all its evidence at a preliminary inquiry, just enough to convince a judge to send the case to trial. She said the judge at the preliminary inquiry will determine if the confession is admissible, based on whether it was given voluntarily and the circumstances of the statement. The same process of determining admissibility would also take place if the case is sent to trial. Melanson has selected to be tried by judge alone if the case is sent to the NWT Supreme Court. Gagnon said no decision has yet been made on when or where a trial might take place. However, she said cases are generally held in the community in which the alleged offence occurred. "At this point, we can say the venue has not been challenged," she said, referring to the fact there has been no defense application for a change of location. Defense attorney Tom Boyd of Yellowknife was travelling on a court circuit last week and could not be reached for comment. Melanson was arrested in Toronto on Sept. 25 on a warrant out of Hay River and returned to the NWT. In Toronto, he had just been sentenced to time served - the equivalent of three years - on unrelated charges. Melanson was originally arrested in Toronto on Feb. 22, 2007, on a Hay River warrant, as well as charges from other provinces. Known by the nickname 'Fester,' he lived in Hay River from July of 2006 to mid-January of last year and worked as a chef at a restaurant before suddenly leaving town. An investigation into Melanson, who is originally from New Brunswick, began when police were asked to help locate him when he didn't show up for work. While he lived in Hay River, no one in the community was aware of his extensive criminal record, including convictions for sexual assault, invitation to sexual touching, possession of child pornography and distribution of child pornography. |