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Court briefs
'His actions could have been fatal'

Lauren McKeon
Northern News Services
Published Friday, September 4, 2009

SOMBA K'E/YELLOWKNIFE - A 49-year-old man who drove drunk down the wrong side of Old Airport Road has been fined $1,725 by the territorial court.

An anonymous caller phoned RCMP after seeing "an erratic driver" going down the wrong side of the road before turning into the Wal-mart parking lot just a few minutes before midnight on May 1, said Crown lawyer Danielle Vaillancourt.

RCMP found the driver, Mark Aitkenhead, asleep, parked in the store's fire lane with the car turned off but with the keys still in the ignition, she said.

RCMP then woke Aitkenhead, who then got out of the car, wobbled backwards and fell into one of the officers.

While at the RCMP detachment he did not co-operate when asked to provide a breath sample and "at one point Mr. Aitkenhead was faking that he was blowing," said Vaillancourt.

"I think Mr. Aitkenhead needs to be reminded drunk driving is simply not to be tolerated. The course of his actions could have been fatal," she added.

Aitkenhead expressed remorse, apologizing to "the court and the community for my inconsiderate behaviour."

"It was definitely inconsiderate behaviour but it went past that," responded Judge Brian Bruser.

Bruser sentenced Aitkenhead to a $1,500 fine, plus a 15 per cent victim surcharge for operating a vehicle while impaired. Aitkenhead was also given a 12-month driving prohibition.

It is his second drunk driving conviction. The first conviction dates back to the mid-1990s.

Store accused of selling cigarettes to minors

Corner Mart and its owner, Jimmy Kong, have been charged with selling tobacco to minors on March 22. Kong and the downtown store are charged separately.

Kong was not in court Tuesday to speak to the charges, so a lawyer appeared on his behalf.

The matter was set to Sept. 22 for resolution as both Crown and defence lawyers "sort out matters or information," said Crown attorney Glen Boyd.

Power Corp moves to resolve fisheries charge

The NWT Power Corporation is moving closer to resolving a June 2006 charge under the Fisheries Act, lawyers told territorial court on Sept. 1.

The Crown corporation is accused of depositing sediment into a body of water used by fish following an alleged incident at a dike located at the Snare Forks hydro facility.

Crown attorney Glen Boyd told the court Tuesday the delay was due to time spent agreeing on the statement of facts, which involves a number of technical aspects.

However, lawyers are "working diligently" and are moving forward to a resolution, he added.

The matter has been set to Sept. 29 for resolution.