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Lawyer a no-show for sex assault trial

Cara Loverock
Northern News Services
Published Friday, January 23, 2009

SOMBA K'E/YELLOWKNIFE - A Yellowknife man charged with sexual assault was left wondering where his lawyer was last Friday.

Christopher Vital, 30, said his lawyer, Tom Boyd, didn't tell him he would not be appearing and no other defence counsel was sent in his place as the man's trial resumed Jan. 16.

"The matter was set for today. An interpreter was ordered for (Vital)," said Judge Brian Bruser.

The court clerk was instructed to call the Inuvik courthouse where Boyd was attending another legal matter.

He was "in the courthouse and indeed in the courtroom," said Bruser.

He asked Vital if he would like to go ahead without his lawyer but he declined and instead asked if he could possibly get a new lawyer.

Bruser said Vital could contact legal aid or the NWT Law Society, "If you have concerns of the way Mr. Boyd has conducted himself, but I leave that up to you."

Bruser expressed "deep displeasure" at the defence lawyer's absence. The court had been booked for the entire day to deal with the Vital case.

"That's a loss of court time," said Bruser.

On Tuesday, Jan. 20 Boyd explained to Judge Robert Gorin that he had become very busy and did not realize the trial was to continue on Jan 16. The trial was re-scheduled for March 10.

Vital's trial for sexual assault stems from an incident on the Frame Lake Trail on July 25. The trial began Dec. 12.

A woman testified at the beginning of the trial that a man grabbed her buttocks while she was walking to work.

Vital is also scheduled to be sentenced for possession of a controlled substance and trafficking. He also has two more trials scheduled - the first for one count each of breach of probation and resisting a peace officer and a second charge of sexual assault scheduled for a jury trial in Behchoko on March 30.