Kerry McCluskey
Northern News Services

Iqaluit (July 23/01) - The Crown is appealing Nanulik MLA James Arvaluk's acquittal on an assault charge.

James Arvaluk is also scheduled to stand trial for a second count of assault involving the same woman.

Prosecutor Bruce Coates filed the appeal on the basis that Justice Howard Irving made mistakes when he handed down a verdict of not guilty on June 20.

Arvaluk stood trial last month for one count of assault causing bodily harm. He was charged with the crime in Coral Harbour last August when a night of drinking led to a physical fight with a woman.

Irving ruled the fight was consensual, not a case of assault, and acquitted Arvaluk of the charge.

"We weren't happy with the verdict. We think he made some errors," Coates said.

Specifically, Coates said Irving misunderstood the circumstances in which the injuries were caused. The appeal states that Irving "found a version of the facts which is unsupported by the evidence."

The appeal also states Irving erred by not giving reasons as to how he could have reasonable doubt in favour of Arvaluk and that he erred when finding there was consent with the incident.

A date for the appeal has not yet been set.

Arvaluk is also scheduled to stand trial for a second count of assault involving the same woman. That trial is set to proceed on Oct. 18 in Iqaluit in the Nunavut Court of Justice.