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SOMBA K'E/YELLOWKNIFE
A man convicted of assaulting his ex-girlfriend won't be released from jail while the court hears his appeal, a Supreme Court judge decided Friday.

The 30-year-old aspiring mixed martial arts fighter was previously sentenced to four months in jail and three years probation. The verdict came after the victim gave evidence that her son's father stomped on her feet with brown, cork-soled boots during a fight, which started with a heated discussion over child support.

She required 31 stitches to her foot.

The assailant, who will not be named in order to protect the victim's identity, made an application May 29 to be released on bail while he appealed the verdict.

Defence lawyer Caroline Wawzonek argued the public's safety wouldn't be put in jeopardy if her client was allowed out and that there should be no doubt he would turn himself in if he lost the appeal.

She also contended that the appeal is not frivolous. Territorial Court Judge Bernadette Schmaltz's verdict on the case was unreasonable and she misinterpreted the evidence, said Wawzonek.

Plus, she said, there is a chance her client's sentence would be served by the time the appeal was heard.

NWT Supreme Court Justice Shannon Smallwood agreed with Wawzonek's points about public safety and believed that the assailant was likely to turn himself in. However, given the seriousness of the crime, she was concerned the public's confidence would be shaken if the assailant were allowed out.

Smallwood said she thought there was a possibility that the appeal could take longer than the assailant's sentence but she couldn't be certain and thus decided it could not be a determining factor.

She also didn't find the grounds for appeal to be compelling enough to release the man. For these reasons he was denied bail.

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