Yellowknife (Dec 17/03) - A Yellowknife man charged with second degree murder in connection with the death of his wife is back in jail after breaching his bail conditions.

Ian Adam Kirby, 59, was sentenced to 30 days in custody Tuesday after pleading guilty to failing to comply with his recognizance.

"Not too many people are allowed their freedom while facing (a second degree murder) charge," said territorial court judge Brian Bruser.

"The Supreme Court trusted you (and you) violated that trust."

Police re-arrested Kirby on Nov. 29 after a receiving a complaint that he had been seen drinking, despite being barred from consuming alcohol under the terms of his release.

At the time of his arrest, Kirby's blood alcohol level was two and a half times the legal limit.

The 59-year-old had been out of jail since Nov. 13 on the consent of the Crown's office.

Kirby's wife, Betsy Kalaserk-Kirby, was found dead in the couple's apartment on Sept. 30. He was arrested and remanded into custody later than same day.

In court, Kirby's lawyer, Kelly Payne, said her client was born in England and travelled the world before moving to Canada several decades ago. He is a certified mechanic and welder who had been married to Kalaserk-Kirby for a year and a half.

Payne also said he considers himself the father of Kalaserk-Kirby's seven-year-old son, who is now living with his mother's family in Rankin Inlet.