'Some troublesome aspects,' says judge
Kevin Wilson
Northern News Services
Yellowknife (Apr 30/01) - Colin Allooloo is a free man.
Northwest Territories territorial court Judge Brian Bruser found the RCMP constable not guilty of assaulting William Drybones and breaking his jaw in December 1999 when Allooloo was stationed in Rae. Allooloo was formerly stationed in Iqaluit.
The judge heard testimony from nine witnesses over two days, but said he did not need to deliberate on the evidence.
There were "some minor suspicions in my mind," about Allooloo's testimony, the judge said, but the Crown did not make "its case beyond a reasonable doubt. I find the accused not guilty."
Allooloo, the lone officer on duty on the night of Dec. 22, arrested Drybones for being intoxicated in a public place. Drybones alleged that while he was in the drunk tank, Allooloo punched him several times and broke his jaw.
Speaking through a Dogrib interpreter, Drybones said "he started punching me...he kept punching me and punching me and then I was unconscious."
Drybones testified that he was bleeding heavily from the mouth, and that the blood stained the T-shirt he wore that night.
However, Calgary lawyer Patrick Fagan picked apart Drybones' testimony, pointing out several inconsistencies.
Early in his testimony, Drybones told court that he'd only drank a half a bottle of wine that day.
Under cross-examination, Fagan suggested that Drybones had consumed considerably more alcohol.
At first Drybones denied it, but when confronted with statements from other people, he eventually admitted to drinking at least three beers and a mickey bottle of whiskey.
"I put it to you that at no time did Constable Allooloo strike you in any way," Fagan said to Drybones.
"That's not the truth," said Drybones.
"I suggest to you that Constable Allooloo never hit you," Fagan shot back.
"That's not the truth," repeated Drybones.
Crown Attorney Dennis Claxton, of Saskatchewan, called seven witnesses, including several relatives.
One common thread that emerged from the Crown's testimony was that Drybones' t-shirt, a white shirt with a hockey-related design on the front, went missing.
The t-shirt went missing and Drybones said that Allooloo took it from him.
Testifying in his own defence, Allooloo said that Drybones "whipped off" the shirt when he was booked. Allooloo said he handed the shirt back to Drybones who let it drop to the ground.
Sgt. Mark Wharton testified that the next day he took a phone call from an anonymous female who accused police of "beating up my brother and stealing his shirt."
Wharton said he asked Allooloo about the shirt, and was told that Drybones would not take it when it was offered.
Allooloo declined to speak to reporters, and directed all questions to his lawyer.
"He's just glad its all over," said Fagan.
