Jennifer McPhee
Northern News Services

Yellowknife (Sep 06/02) - A 17-year-old's application to face trial for second-degree murder in youth court has been dismissed.

The Rae-Edzo teenager, who turns 18 this month, is charged in the stabbing death of 16-year-old Rocky Zoe. The incident took place in Rae-Edzo on June 23.

Because of changes to the Young Offenders Act in 1995, a 16- or 17-year-old charged with murder automatically faces trial in adult court unless a judge grants an order to transfer the charge to youth court.

If convicted in adult court, the man faces a life sentence with at least seven years in prison. A conviction in youth court would mean a mandatory seven-year sentence with at least four years in custody.

The onus was on defence counsel to provide evidence the man could be rehabilitated during the shorter sentence. Judge Michel Bourassa also considers the public's safety when making a decision.

Bourassa dismissed the application Tuesday following a lengthy hearing on Friday. A publication ban prevents Yellowknifer from publishing the evidence presented at the hearing.

The man is also charged with two counts of assault with a weapon which will likely proceed in youth court.

He is scheduled to appear in territorial court next Tuesday.