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Accusers lied, youth testifies

Teen charged in snowmobile theft convicted of breaching bail

Jennifer McPhee
Northern News Services

Yellowknife (June 06/03) - One of the youths charged in connection with a snowmobile theft ring was convicted of breaching a bail condition and fined $200 in territorial court this week.

Along with the breach in late February, the 17-year-old is charged with two counts of theft over $5,000 and possession of stolen property. He stands trial for those charges in August.

One of his bail conditions was to keep the peace and behave himself.

The youth testified he became angry after reading statements a witness gave to police about him. He went to Sir John Franklin high school to confront the witness.

Testifying on Wednesday, he called the statements "lies."

The 120-pound youth said he planned to talk to the 200-pound witness who is six inches taller than him.

"When I saw him, I got upset and pushed him."

Teacher Scott Daniels - who also testified - broke up the fight.

Soon after, there was another scuffle between the witness and another teen charged in the case.

The first youth then decided to leave the school, kicking over garbage cans on his way out.

Under cross examination by Crown counsel Darren Mahoney, the youth acknowledged his bail conditions were clearly explained to him.

Kicking down garbage cans isn't serious enough to warrant the breach charged, said defence lawyer Austin Marshall. He also argued against convicting the youth, saying youths aren't usually charged when a fight breaks out in a school setting.

Judge Robert Halifax rejected these arguments and fined the youth $200. Witnesses are entitled to protection, said the judge.

"The courts will decide who is telling the truth and who is not."

Marshall then asked to have the youth's undertaking conditions changed, allowing him to go on a family vacation.

He also asked to have the youth's curfew extended from 9 p.m. to 1 a.m.

Halifax allowed the vacation and extended the curfew to 11 p.m on weekdays and midnight on weekends.

The youth returns to court for trial on the other charges on Aug. 21.

All the youth's charges were set to go forward on Wednesday, but the one-day trial was adjourned after the Crown provided new information about the case to the defence.

Halifax was not impressed. "You can't be waiting till the 19th hour and then expect adjournments and lose a whole day of sitting time," he said.

Aside from this youth, one other youth faces charges in the snowmobile thefts. Both have pleaded not guilty.

Three others pleaded guilty and were sentenced earlier this year.