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Court briefs
Driver charged and released from custody
Daniel Campbell
Northern News Services
Published Friday, July 5, 2013
SOMBA K'E/YELLOWKNIFE
Toni-Lynn Buggins-Godin, the woman charged with striking a 90-year-old pedestrian with her vehicle last week, struggled to keep her composure during a preliminary hearing Wednesday afternoon. Buggins-Godin, wearing a purple sweater and a brace on her right leg, limped into territorial court and made a brief statement to Judge Bernadette Schmaltz with a lawyer at her side. She faces charges of driving while disqualified, careless driving and failing to yield the right of way to a pedestrian.
An elderly woman was crossing 52 Street at Franklin Avenue on June 27 when she was struck by a pick-up truck and pinned underneath. She has since been medevaced to a hospital in Edmonton where she was on life support Tuesday.
At the request of the defence, all evidence and submissions made during the preliminary hearing are subject to a publication ban.
Schmaltz granted Buggins-Godin a release from custody Thursday morning on a $1,000 surety with stringent conditions to appear back in court. Buggins-Godin had been in custody since the incident. Her next court date has not been set.
Impaired driving charges thrown out
A territorial court judge ruled evidence given during an impaired driving trial was inadmissible on Wednesday.
A Yellowknife man was charged with driving while impaired last November. The evidence given by RCMP Const. Tyler Dunphy was deemed inadmissible because the accused was not informed as to why he was being detained. The accused was also not informed of his rights or given a chance to contact his lawyer.
Judge Bernadette Schmaltz also ruled Dunphy had no reasonable grounds to conclude the accused was impaired before stopping him and giving him a Breathalyzer.
"The court cannot condone this way of gathering evidence," Schmaltz said.
Schmaltz concluded her decision by highlighting the importance of police having a high regard for the constitutional rights of citizens.
Case delayed due to intoxication
A man charged with destruction of property last December had his trial delayed Wednesday for showing up drunk to court.
The accused complained he needed to be at work later in the afternoon, but Judge Bernadette Schmaltz ordered that he remain in custody until yesterday, when his trial was set to resume.
"I don't think you'll be making it to work today," Schmaltz said.
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