Kevin Wilson
Northern News Services

Yellowknife (Feb 20/02) - An NWT Supreme Court jury convicted Lena Cleary of theft and fraud charges late Tuesday.The six-man, six- woman jury, looking tired and grim, returned to the courtroom after more than 10 hours of deliberations.

After the clerk read the first charge to the jury, the chair of the group was asked if Cleary was "guilty as charged, guilty of theft under $5,000, or not guilty."

"Guilty as charged," the jury chair replied.

It was the same outcome for the fraud charge.

Cleary blinked several times, then glanced at defence lawyer Hugh Latimer.

The guilty verdicts are the culmination of six years of investigation and the laying of criminal charges following Cleary's tenure as manager of the now-defunct Done Naawo Society from 1990 to 1996.

The society managed 56 public housing units in Dettah and N'Dilo before public housing was taken over directly by the Yellowknives Dene First Nation.

Prosecutors alleged Cleary skimmed rent money, illegally claimed vacation travel allowances, and used society funds to pay for personal expenses. The amount of money involved in the theft and fraud is estimated at nearly $70,000.

The jury was expected to begin deliberations Monday afternoon, but closing submissions from Crown attorney Ari Slatkoff and Latimer went on longer than expected.

Latimer told the jury in his closing submission that they should, "draw the inference from the evidence that there was no criminal intent on her part," and that Cleary thought she was entitled to the money, gas, and building supplies she obtained.

"She withstood cross-examination over a period of many hours ... if the (evidence) raises a reasonable doubt in your mind, then she is entitled to an acquittal," he added.

Slatkoff told the jury that Cleary "used her position of trust, placed in her by the band, to gain a benefit to herself."

Slatkoff characterized Cleary's testimony as "evasive" no less than 10 times during his submission.

"She tried to cover up...falsified the official books, and pocketed money for herself," said Slatkoff.

Cleary was charged with several counts of theft, fraud and breach of trust in October 2000, but some of those were withdrawn before the case came to trial.

By Monday, she faced one count of theft over $5,000, one count of fraud over $5,000, and one count of breach of trust by a public official.

Judge Virginia Schuler dismissed the breach of trust charge Monday afternoon, saying that as an employee of the Yellowknives Dene Band, Cleary was not a public official.

The jury began deliberating at 10:48 a.m. They broke briefly for lunch, and once in the afternoon for a smoke break.

The jury was called back in at about 2 p.m., after requesting a more concise list of evidence presented.

After that, they only broke for supper and rest breaks. They returned with the verdicts at 9:05 p.m.

Cleary remains free on a promise to appear March 27 for sentencing.

Slatkoff said the Crown would seek, "a lengthy term of incarceration."