Lawyer announces court appeal following urinal uproar
Frank Arrowmaker's lawyer seeks review of case after judge describes client's decision to use adjacent urinal as showing 'a total lack of common sense'
Northern News Services
Published Monday, December 15, 2014
SOMBA K'E/YELLOWKNIFE
The defence lawyer for one of three accused in a high profile meat wastage trial announced his intention to file an appeal with NWT Supreme Court last week after a previous request for a mistrial was shot down by presiding judge Brian Bruser.
Defence lawyer Jay Bran sought the mistrial after Bruser questioned his client's judgment to share a washroom with him during a break in proceedings Dec. 4.
Lawyers representing Chief David Wedawin and brothers Frank and Jimmy Arrowmaker, who are currently standing trial on 12 counts of meat wastage after they were accused of leaving behind parts of several caribou during a hunt at Hottah Lake last year, were in territorial court on Dec. 8. to schedule the next trial date.
Once the date was set, Bran announced his intention to bring client Frank Arrowmaker's case before the NWT Supreme Court because deputy judge Bruser told a court in Behchoko that Arrowmaker's decision to urinate beside him at the Behchoko Community Centre showed "a total lack of common sense," on Dec. 4.
At the time, Bran argued Bruser's comments showed "an appearance of bias" against his client. Bruser dismissed Bran's request because the incident was "otherwise not connected to the trial in any way."
Appeal in process
On Dec. 8, Bran told the Yellowknife courtroom that after reviewing the matter with his client, he has made the decision to file an appeal of Bruser's decision with the Supreme Court. Bran said he planned to fill out the necessary forms over the next few weeks.
Five witnesses have so far presented evidence to the court during two days of testimony in Behchoko on Dec. 3 and 4.
In his testimony, hunter Leon Wellin said he saw Wedawin the two Arrowmakers leave behind caribou meat from more than 15 animals while travelling on Hottah Lake in April of 2013.
The defence maintains that Frank Arrowmaker told Wellin and two other hunters to clean up the site. However, Wellin repeatedly told the court that he took as much meat as he could carry but that there was too much meat to clean up.
At this point the Crown and defence have both agreed to admit there were edible parts of 12 caribou left at the kill site and that "all these parts were fit for human consumption."
The trial is set to resume in Behchoko for four days beginning April 20.
