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Judge gives wayward man a break

Man ducks court orders for two years, ready to get on with life

Dawn Ostrem
Northern News Services

Yellowknife (Oct 05/01) - After two years of drifting and ignoring orders to show up in court, a Yellowknife man walked away with a fine.

The case was not a typical one in that the judge said he believes Neil Hardisty, 21, is sincerely ready to put his life in order.

"It's a large amount," judge Brian Bruser told Hardisty as he ordered $1,035 in fines. "But you have good employment and appear to have a good future ahead of you.... There is no way you should get off the rails now."

On Sept. 15, 1999, Hardisty was drinking. Police slapped him with a mischief charge after he trashed his mother's house in a drunken rage.

His mother called the police after he became agitated and toppled a bookcase, breaking sentimental items belonging to his mother because she had initially not let him in.

Pieces of broken glass were strewn across the floor.

Since that date, Hardisty consistently failed to show up in court when he was supposed to.

He was arrested on a warrant on Dec. 12, 1999, and released on bail but didn't show up in court until recently, when he decided to deal with the charges.

His mother stood up in court to support her son, saying she accepts his apology for the events of two years ago and that he has changed.

Hardisty admitted that skipping out on his court dates was "idiotic."

His lawyer explained that after the incident Hardisty did some "soul searching" and now has a child and common-law wife.

He was recently accepted in a trade program, receiving high grades on the entrance exam, and has plans to become a carpenter at the Diavik diamond mine.

His lawyer said he currently has a full-time job and no longer drinks. She argued for an absolute or conditional discharge.

Judge Bruser said he was not so much concerned with the mischief as with the three fail-to-appear charges. "I am not persuaded by the Crown that prison is necessary," he explained. "But in my view it would be contrary to the public interest to give an absolute discharge or a conditional one."

Hardisty was fined $300 on each fail-to-appear charge, along with three victim surcharges of $45.