SOMBA K'E/YELLOWKNIFE - The complaint filed against Premier Floyd Roland for his secret affair last year with a legislative assembly clerk should be thrown out because it does not meet the definition of a conflict set out in territorial legislation, according to his lawyer.

Kathy Peterson made the argument during closing submissions to the conflict of interest inquiry into Roland's affair with then principal clerk Patricia Russell.

Section 75 of the Legislative Assembly and Executive Council Act, under which the complaint was filed by six MLAs last February, states members have an obligation to "perform his or her duties of office and arrange his or her private affairs in such a manner as to maintain public confidence and trust in the integrity, objectivity and impartiality of the member."

Peterson argued that the definition of a conflict of interest is when a member of the legislative assembly executes his or her duties in order to advance private interests, something she said did not happen.

"In order to find there is a conflict of interest, you must find that the facts of this matter fit within this definition, because that's what we are told a conflict of interest is," Peterson said during her submission to adjudicator Ted Hughes Friday morning.

She also takes issue with conflict commissioner Gerald Gerrand's conclusion earlier this year that Roland was in a conflict under section 75, and asked that Hughes rule otherwise.

Gerrand concluded that "the mischief with which section 75(a) seeks to avoid is not limited to financial manipulations, but includes conduct of an ethical nature if that conduct impairs public confidence and trust in the integrity, objectivity or impartiality of that member."

Peterson said the case should be thrown out even if Hughes finds Roland in conflict because his was an error in judgment committed in good faith - a viable excuse under territorial legislation to dismiss the complaint.

"Mr. Roland did not attempt to take advantage of his position ... there was no advantage to him at all," she said.

"It was a very painful and difficult decision for he and Ms. Russell and it was a situation which we can't use a brush of only black and white.

"Was there any absence of good faith in how he handled this? Not a shred."

Frame Lake MLA Wendy Bisaro, speaking on behalf of the six complainants, argued that a previous affair between former premier Joe Handley's executive assistant and another clerk at the legislative assembly did not set a permissible precedent to compare with Roland and Russell's romance.

When the previous relationship in the 15th assembly came to light, the former principal clerk had his work shuffled and he would step out of meetings, if necessary, Russell told the inquiry on Thursday. She and Roland said they assumed their situation could be treated the same.

"We must be held to a higher standard," said Bisaro, adding there were people available to help Roland deal with the sticky situation: Gerrand, legislative assembly clerk Tim Mercer or Speaker Paul Delorey, but he did not seek their advice.

Roland, as one of the longest serving MLAs in the legislative assembly, "should have understood the ramifications of his actions," said Bisaro.

Hughes will submit a final decision in a report to the legislative assembly during the upcoming session, which gets underway Thursday.