Workers busy processing accused under Operation Guiness
Dawn Ostrem
Northern News Services
Yellowknife (Nov 29/00) - As of Nov. 24 the NWT court system had processed 44 people who were charged with criminal or drug offenses as part of Operation Guiness.
Of them, 19 were still in custody as of Monday.
One man, 51-year-old Rick Edwards had pleaded guilty to possession of marijuana for the purpose of trafficking and was sentenced to four months in jail.
The 19 who remain in custody have court appearances scheduled from now until Dec. 8.
The 24 released on promises to appear in court will all do so on Jan. 16, 2001.
"We are not getting too excited about it yet, not at this point," said director of court services Bruce McKay.
"The key will be what happens the day they enter pleas and elections ... then we'll be able to see how this is shaping up."
Police said they initially charged or had warrants for at least 70 people related to the drug investigation deemed the largest ever in the NWT. They have not released more names, any charges or the amount of people they are still searching for.
Once a person's charge is sworn they appear before a judge or justice of the peace for a show cause or bail hearing to determine if they can be released or must remain in custody.
The bulk of the released accused who are appearing on Jan. 16 are expected to enter pleas and elections then.
McKay said guilty pleas would be the easiest on the court system since it consists mainly of the plea and a quick sentencing. Many times when an accused person pleads guilty other charges are withdrawn.
But that is where good legal representation comes into play, he added, to advise of the best options.
A not guilty plea may warrant a preliminary hearing to determine admissibility of evidence and then a trial. Once a trial is determined the accused can elect to be tried by a territorial court judge, supreme court judge alone or a judge and jury in supreme court.
"It serves everyone's interest for accused to have competent, well-informed legal advice," McKay said. "Having a preliminary hearing is almost double the work right there."
The legal aid office of the NWT is currently facing a detrimental situation in funding. Already operating at a deficit, the amount of people needing representation is pushing it nearer bankruptcy.
Lawyers may be needed to be brought up from the south but the office's executive director Greg Nearing doesn't see how that will be paid for at this point.
Currently court services at the Yellowknife courthouse are holding up well but McKay said that could change depending on the difficulty of trials or the amount of people who plead not guilty.
"It may not turn into much of a big deal," he said. "It is more traffic than usual but not any more than we can handle."
