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Iqaluit man guilty of assault

Emily Ridlington
Northern News Services
Published Monday, February 7, 2011

IQALUIT - An Iqaluit man has been found guilty of aggravated assault after a drunken brawl led to the stabbing of another man in the liver last March.

In a written decision issued Jan. 21, Justice Robert Kilpatrick ruled Jayko Kilabuk, 29, had used a hunting knife to repeatedly stab and slash another man on March 26, 2010.

The victim lost several litres of blood and was medevaced to Ottawa in critical condition. He sustained a four centimetre cut to the right side of his abdomen and a 7.5 centimetre cut to his liver. This injury required two operations.

Additional injuries sustained included a six centimetre slash across his face from his upper lip to the bottom of his left ear. This had to be stapled shut leaving the victim on a liquid diet as he was unable to consume solid food for several months afterwards.

He was also beaten face and had cuts to his ear, top of head and his finger.

During the trial, heard at the Nunavut Court of Justice Oct. 25-28 and Nov. 29-30, 2010, Kilabuk said he was acting in self-defence. Kilpatrick rejected this claim due to contradictory testimonies and the physical evidence.

Kilabuk and his spouse had been drinking at the bars with the victim and his wife. Both sets of couples returned to Kilabuk's residence and continued drinking.

An argument ensued between the defendant and his spouse over what Kilpatrick called "the possession or control of the couple's cannabis." Kilabuk's wife accused Kilabuk of biting her hand.

The victim became involved.

"(The victim) has little patience or tolerance for men who physically abuse women," Kilpatrick stated in his decision.

The testimonies from both women were sparse as they both admitted to being drunk at the time of the incident. Kilabuk's wife said she remembered the victim calling the defendant "a woman abuser."

The victim testified he also recalled little of what happened up until Kilabuk stabbed him in the abdomen and slashed his face. The victim pushed away a third blow and put his attacker into a headlock. He said the fight continued on the floor as the victim punched Kilabuk in the head three or four times in an attempt to knock him out, but did not succeed.

The victim asked his spouse to help him disarm Kilabuk. They succeeded in taking the knife away from him but the two men continued to struggle until the police arrived.

Kilabuk originally told police the victim had arrived at his door and lunged at him with a knife. Later he said the victim accused him of assaulting his spouse, attacked him and then pulled out a knife.

At trial, the defendant changed his story and said that the victim attacked him, wrestled him to the floor and was choking him so he pulled the knife out of a black work bag on the floor in order to defend himself.

"The defendant was readily prepared to lie to the police," said Kilpatrick.

Kilpatrick also found Kilabuk guilty of breaching a court order to keep the peace and be on good behaviour. Kilabuk also breached a probation order which prohibited him from possessing or consuming alcohol.

He will remain at the Baffin Correctional Centre until his next court appearance for sentencing on March 23.

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