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Court briefs
Probation for not paying back money
Daniel Campbell
Northern News Services
Published Friday, September 6, 2013
SOMBA K'E/YELLOWKNIFE
A Yellowknife man was sentenced to a three-year probationary period to pay back money he defrauded from Corothers Home Building Centre in 2009 on Tuesday. He was also handed a day in jail, which was served by his day in court.
The man skipped out on a court appearance on Nov. 1, 2011. He was supposed to appear to demonstrate to the court he was paying back the money he owed to Corothers.
As of press deadline, the offender had not paid back any of the $6,691 he owes. Peter Harte, his defence lawyer, argued his client faced financial difficulties when he was initially charged and was unable to pay back the money. Now that his client is employed, Harte said he should be placed on a three-year probation with an order to make monthly payments of $200 to Corothers.
Judge Bernadette Schmaltz accepted the defence's request and expressed surprise the offender had not paid back any of the money, urging him to do so.
Schmaltz also brought up other fines - totalling more than $4,850 - the man owes to the courts. He was taken aback when Schmaltz listed the fines: two $2,000 driving with no insurance fines, a $150 victim surcharge fine, a $250 fine for possession of stolen property, a $150 fine for failing to attend court, a $100 fine for improper use of licence plates and a $200 fine for driving a vehicle with suspended registration.
Keep away
Two Yellowknifers were handed restraining orders on Tuesday in Yellowknife territorial court.
A woman charged with stalking was ordered to avoid contact with another individual for 12 months or face paying a $500 bond.
Another man, initially charged with loitering, was ordered to stay clear of the property he was loitering at and the two people who reside there for 12 months. He would also have to pay a $500 bond if he violated the order.
Criminal charges against both individuals were dropped in lieu of the restraining orders.
Server forced to pay tab
A 45-year-old Yellowknife man with an extensive criminal record was sentenced to 60 days in jail for a slew of offences in late August.
Norman Koe appeared in Yellowknife territorial court on Tuesday for his sentencing. He pleaded guilty to fraudulently obtaining food and breaching his probation twice. On Aug. 20, Koe broke probation by showing up in Wal-Mart, which he was specifically banned from doing. Koe fled after being confronted by an employee and RCMP were unable to locate him.
Two days later, Koe showed up at the Black Knight pub and ordered two beers and a plate of wings. When he got up to leave his server asked him to pay his $27 bill. Koe refused, saying he had no money.
RCMP were called to the pub, where it was found Koe was also breaching a probation order not to attend a licensed liquor establishment.
The server was forced to pay Koe's $27 bill after he was taken to jail.
Judge Bernadette Schmaltz scolded Koe for taking the money out of the young server's pay.
"I have trouble understanding what makes you think that she should have to pay for your dinner and beer," Schmaltz said.
She ordered Koe to pay back the $27 as part of his two-month probation when he's released from jail.
"I'm sorry about that. I wouldn't do that when I'm sober," Koe explained.
Crown prosecutor Kelly Onyskevitch brought up Koe's criminal record, noting he has 72 convictions since 1984.
Before he was sentenced, Koe stood before the judge and spoke about his problems with alcohol and crime.
"I guess when you're an alcoholic some piece of the puzzle always breaks off," Koe said, explaining his attempts to better himself.
Like many aboriginal offenders, Koe had a rough upbringing and was in the residential school system. He acknowledged his past but said he needs to move forward.
"That's 37 years back. I can't use that as an excuse forever," Koe said.
Koe asked to be given long-term programming and counselling for his alcohol addiction, saying the two-week program he took at North Slave Correctional Centre was too short.
Schmaltz sympathized with Koe's addiction problems, but remained focused on his charges.
"You're not charged with drinking here," she said. "Stealing from a young woman, that's not drinking."
Schmaltz gave Koe credit for the 13 days he'd already served waiting for his sentence. She noted Koe had good insight into the causes of his behaviour and his past.
Koe asked to be transferred to the South Mackenzie Correctional Centre for his sentence, which Schmaltz
recommended.
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