Folk sex assault charge stayed
Accused Nathan Round ordered to not contact alleged victim for next eight months
John McFadden
Northern News Services
Friday, January 20, 2017
SOMBA K'E/YELLOWKNIFE
A Yellowknife man accused of sexual assault at Folk on the Rocks on July 16, 2016 had the charge against him stayed in Territorial Court on Wednesday.
A charge has been stayed after a man was accused of sexual assault at Folk on the Rocks last summer. The Crown could re-introduce the charge within the next year against Nathan Round, 19. - NNSL file photo |
That means the prosecution in the case has one year to re-introduce the charge against Nathan Round if evidence warrants it.
Judge Robert Gorin ordered Round, 19, to enter into a peace bond which called for him to not to have any contact with the alleged victim for the next eight months. He must also keep the peace and be of good behaviour during that time.
Dressed for court in a blue hooded sweatshirt and jeans, Round did not speak during the court appearance other than to say "yes" when the judge asked him if he understood the proceedings.
Prosecution in the case was handled by Whitehorse Crown Attorney David McWhinnie, who phoned in from the Yukon.
Round's father, Jeff Round, works at the courthouse as a director for the Justice Department of the NWT. McWhinnie said he took over the case with the understanding that the suspect had a relative working in the courthouse to avoid any conflict of interest or perceived conflict of interest allegations.
McWhinnie said that he agreed to a peace bond and the charge being stayed after new information came to his attention following the charge being laid.
"As the case went on over time, as more and more information came in - the crown found itself in a situation where looking at the available evidence - looking at the issues in the case ... we got to a point where a judge or jury would not, in our assessment, be able to sort out the conflicts," McWhinnie said.
"In a case where there is a conflict ... if a jury or judge is unable to decide whom to believe or what to believe - that is the equivalent of reasonable doubt. Then we have a positive obligation to say do we still have a reasonable prospect of conviction? If the answer is no - then we are obliged to do what we did."
McWhinnie added that because the charge could be re-introduced at a later date he did not want to divulge at this time exactly what the new information was. He added the peace bond was ordered to try to help lessen fears that the victim still has. Round's defence lawyer Peter Harte said he "didn't disagree" in court with McWhinnie that the victim remains fearful. Her identity is protected by publication ban.
"A peace bond was a solution to a potential problem," McWhinnie said.
McWhinnie said he could not say whether the alleged victim had been told the charge would be stayed. The nature of the assault was never released by police nor was it contained in court documents. Back in October, RCMP spokesperson Marie York-Condon stated in an e-mail that Round was the only person charged after police received reports of assaults against three people at the music festival.
At that time, York-Condon stated one investigation ended without charges and another is ongoing. RCMP had not responded by press time to a Yellowknifer question about whether anyone else had been charged with sexual assault at the festival last year.
Before the festival ended, there were multiple social media posts about reports of sexual assault, including from one of the performers. One of the emcees for the beer garden stage reminded the crowd about the need for consent.
"Three times now. It's not OK," he told the crowd.
Round said he had nothing to say to his accuser when asked by Yellowknifer following his court appearance.
