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SOMBA K'E/YELLOWKNIFE - Dwayne Costa, a B.C. man charged in relation to a major drug bust in Yellowknife in February, 2008 did not appear when his case was discussed in territorial court on Tuesday.

"He's waiting to bring his charges to British Columbia," said Crown prosecutor Terri Nguyen. Costa, 23, was charged along with two other individuals, Connie Diener, 22, and Scott Lefrancois, 24, with possession for the purpose of trafficking and possession of proceeds of a crime.

Diener and Lefrancois "were discharged after a preliminary inquiry," said Judge Robert Gorin. The discharge means the case is not going forward at this time, but the matter is still before the court.

The charges stem from a Feb. 7 raid on a residences on Franklin Avenue, which resulted in the seizure of 21 ounces of crack-cocaine, three ounces of marijuana, cash and two replica handguns.

Judge urges man to get a lawyer

A man charged with one count of sexual assault was urged to talk to a lawyer on Tuesday when he appeared in court. Lawrence Day said he had not yet spoken to a lawyer.

"It's a charge of sexual assault," replied Judge Robert Gorin. "This is a serious charge. It's punishable by up to 10 years in prison."

Gorin said there had already been a show cause hearing and the matter was set to Jan. 20 for Day to decided if he wanted to proceed with a trial with a judge or judge and jury.

Crown awaiting forensic report in homicide case

A court hearing to deal with a second-degree murder charge was re-scheduled on Tuesday. Doris Kendi, 58, charged with murder of her sister Lorraine Bonnetplume, did not appear for the hearing and is currently out on bail. Crown prosecutor Glen Boyd said he could not set a date for a preliminary hearing because the Crown is still awaiting more forensic information.

"There is a considerable backlog in Alberta with respect to forensics," said Boyd. He asked the matter be rescheduled to set a preliminary inquiry date. Defence attorney Hugh Latimer said he did not oppose the adjournment.

"It's an assessment of blood spatter that's in question and it is important," said Latimer. The case was re-scheduled for March 10.

Bonnetplume, 52, was found unresponsive by her husband on June 27, 2008 in a cabin outside Yellowknife along Highway 3.