Yellowknife (Aug 27/03) - A 17-year-old Yellowknife boy has been sentenced to one year's probation and ordered to pay $250 in restitution for his part in a snowmobile theft ring.

"Snowmobile theft is a grave problem in our community and you wanted to profit from it and line your own pocket," said Chief Judge Robert Halifax, who found the youth guilty of one count of possession of stolen property last Friday.

In early January, police spotted the youth and a 15-year-old friend near a lake at the end of Enterprise Drive with a stolen snowmobile.

According to Crown prosecutor Darren Mahoney, the youths knew the vehicle was stolen and planned to return it for a reward.

"(Maybe) he didn't steal it, but he knew it was stolen," said Mahoney.

The youth's defence lawyer, Austin Marshall, argued the boys had intended to return the vehicle to police, but Halifax didn't buy that explanation.

"There are... too many inconsistencies," he said.

The youth was also charged with stealing two other snowmobiles but Halifax dismissed the charges after he ruled the Crown's primary piece of evidence, a statement from the youth's 15-year-old friend, had been unlawfully obtained by police.

"There was a circumvention of the (criminal) act that protects young offenders," said Halifax.

During a Jan. 3 interview with RCMP investigators, the 15-year-old twice asked to speak to a lawyer, but officers continued with the interrogation.

The youth was placed under arrest and sent to a cell block for two hours until being brought back to the interrogation room for another interview.

During the second examination, he told police that the 17-year-old defendant helped steal two snowmobiles from the Range Lake area on Dec. 22 and 29.

Marshall argued that the statement should be excluded because the 15-year-old was denied a chance to speak to a lawyer.

"It was very apparent we wanted legal counsel and the police just carried on," he said.

Halifax agreed and excluded the statement to police. "The Young Offenders Act is clear. Once he says he wants a lawyer, it has to stop. It didn't," said Halifax.

On the stand, the 15-year-old told the court that he had lied to police and his 17-year-old friend had not taken part in the thefts.

"I wanted to tell them anything to get out of there," he said of the one hour and 45-minute interview.

With the statement out, Halifax ruled there wasn't enough evidence to support the two theft charges.

Three other youths pleaded guilty earlier in the year to theft and possession of stolen property after a number of snowmobiles -- some worth more than $10,000 --disappeared last December and January. A fourth youth was acquitted of similar charges on Aug. 4.