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Wayne Kakfwi convicted

Tara Kearsey
Northern News Services


Yellowknife (Dec 13/02) - After five hours of deliberation a jury of eight women and four men found Wayne Matthew Kakfwi guilty of sexual assault.

The three-day Supreme Court jury trial wrapped up Wednesday just after 5 p.m. The jury acquitted Kakfwi on charges of assault and uttering death threats.

The sexual assault against a 40-year-old woman with a mental illness occurred during the early morning hours of Nov. 14, 2001 at the complainant's apartment.

The court heard Kakfwi became sexually aggressive towards the victim after several acquaintances left her apartment following a night of drinking.

Kakfwi grabbed the woman by her arms, dragged her into the bedroom and forced her to have sexual intercourse and perform fellatio on him.

Crown prosecutor Noel Sinclair called several witnesses to the stand over the course of the trial, including the victim's next-door neighbour, police officers and a medical examiner who administered a rape kit just a few hours after the attack.

In closing arguments, defence lawyer Margot Engley argued the sex was consensual.

She tried to persuade the jury that the victim's testimony was unreliable because of her state of intoxication the night of the attack, "confused thinking" brought on by her mental illness, and strange comments made during her testimony indicating she believed she "had a good case" against Kakfwi.

Sentencing is set for today in Supreme Court at 1:30 p.m.