Daniel MacIsaac
Northern News Services

NNSL (Jan 15/99) - A 20-year-old Yellowknife man was sentenced Tuesday in territorial court to 10 months imprisonment for his role in a series of thefts from Microplay Video Games in the Really Big Video Store.

Daniel Elias was also ordered to pay the store owners $2,500 in restitution, or one-quarter of the approximate value of the unrecovered hardware and video games taken during the course of the two robberies last August.

One other man and a young offender have already received similar sentences for the same thefts. One of them, David Scantland, received a 22-month prison sentence Nov. 3, on charges that also included stealing weapons from the Royal Canadian Army Cadets during a September break-in of the Giant Mine recreation hall.

On Tuesday, Crown Attorney Sandra Aitken read Elias' account of the events, which described him as sitting in Tim Horton's coffee shop when his friend came by, saying he'd thrown a rock through a window at the Really Big Video Store and inviting him to rob Microplay.

In arguing the case for the crown, Aitken pointed to the destructive impact the theft had on the young Microplay business. She also cited Elias' willingness to blame his accomplices and the lack of remorse he demonstrated when arrested in October.

In passing sentence, Judge Michel Bourassa said he agreed with the crown and spoke of the rise in the number of break and enter cases in the Frame Lake subdivision since last summer. The judge also said he deplored the group mentality that led to the crimes, as well as the contempt the defendant showed in returning to rob the same store again.

"For his first brush with criminal conduct, he has jumped in with both feet," Bourassa said. "From now on, he is going to have to think twice."

The fourth and final individual arrested over the video thefts was expected to be sentenced Thursday.

Judge questions need for interpreter

In setting a date Tuesday for a preliminary inquiry into charges of sexual assault, Judge Michel Bourassa questioned the defendant's need for an interpreter. The defendant is a 54-year-old Asian-Canadian who has lived in Canada for 24 years.

"I must question his need to have working English if he has lived here for 24 years," said Bourassa, "He must be able to do his banking, to pay his bills."

The accused's defence counsel argued that with little formal education and with having worked as a labourer all his life, the man's English was simply not sophisticated enough to allow him to competently follow a criminal trial. She also cited Supreme Court of Canada precedents for the use of an interpreter.

"My concern is the abuse of process," said Bourassa, who referred to a recent case where an interpreter was flown up from Edmonton to assist a defendant whose English turned out to be more than reasonable.

After stating his position Bourassa relented, and, as there was no objection from the crown, said he would make an interpreter available for a Feb. 3 hearing