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Acquittal leaves Open wounds

Lisa Scott
Northern News Services

Rae-Edzo (Feb 16/04) - The day 16-year-old Rocky Zoe was supposed to return home to Gameti from school for the summer, his lifeless body was delivered instead.

Nineteen months later, his family still mourns the loss of a son and brother. They wonder if justice for his death will ever be served. "A life was taken and no one has been held responsible," says Nora Doig, the niece of Joe Zoe, Rocky's father.

Doig speaks on behalf of Zoe's family and relatives, who live in Gameti.

Disbelief spread through the small community last week when the 11-person jury acquitted Randy Wanazah of the second-degree murder of Rocky Zoe, says Doig.

On June 23, 2002, Rocky was stabbed in the back during an altercation at a party at a home in Rae-Edzo where alcohol was being consumed.

He was flown to Stanton Territorial Hospital in Yellowknife where he was pronounced dead at 3:40 p.m. the next day.

The incident shocked the Dogrib community, especially students at Chief Jimmy Bruneau School, which Rocky attended.

"Everyone in the community is very sad, mostly the students," Marcel Zoe told News/North shortly after the incident. "(Rocky) was a really nice guy and really shy."

Wanazah, 17 at the time, was charged with Rocky's murder. He was tried in adult court.

Wanazah will be released from custody in March. He is serving a one-year conviction of assault with a weapon on two men during an incident that occurred the same night Rocky died.

Rocky's family had hoped a conviction would bring closure to their grief. Now, their pain continues and is mixed with anger at the justice system and at Wanazah, according to Doig.

"They're very saddened by the process. This whole trial could have helped put a closure to it."

Failed by the system

Doig says Rocky's three brothers and two sisters don't understand why the justice system failed them.

Teenagers in both communities wonder if the verdict means they too, can get away with murder.

"That's the message that this verdict has probably sent to the young people," says Doig.

Others in the communities just want to put the murder behind them, and continue with their lives.

"Nobody talks about it," says Lui Koyina of Rae/Edzo, who was friends with both Rocky and Randy and went to Chief Jimmy Bruneau high school with them.

When asked if he will welcome Randy back in March, Koyina says yes.

"It's good. He's going to be out, Randy," he says.

After an investigation that included piecing together the events of the night Rocky lay dying outside Charlie Chocolate's house in Rae, RCMP have closed the case.

"All avenues were explored during the initial investigation," says Daryl Key, a media relations officer with the RCMP.

"The investigation is concluded."

The Crown prosecution at the Department of Justice in Yellowknife will not be appealing the verdict, says director Louise Charbonneau.

"If the evidence comes out, the jury makes the decision and that's that," she says.

She says there are no grounds for an appeal in this case.

Michael Hansen, Wanazah's defence council had hoped for that response.

"Randy did not think he should be found guilty," says the Hay River lawyer.

Wanazah was visibly relieved as the verdict was read in court, showing emotion for the first time during the week-long trial.

The jury heard from a long list of witnesses, including a DNA expert and the nurse called to the scene, but Hansen says there was reasonable doubt that Wanazah committed the murder.

"It's quite possible someone else did it," he says.

Did jury understand?

Zoe's family wonders if the jury understood the case presented to them in a Yellowknife courtroom.

English is hard enough to understand for the Rae jury members, most of whom speak Dogrib as their first language, without adding complicated legal jargon to the mix, says Doig.

"I really question their ability to comprehend the English language."

With no interpreter in court, she wonders if jury members would have asked for help if they needed it.

"It's really hard for people to say I don't understand."

Doig says the family was assured by RCMP the evidence was sufficient for a conviction.

Back in Gameti, the Zoe family says forgiveness is not possible just yet.

"(It) will never be forgotten," says family friend Madeline Chocolate.

The family may be disillusioned by the justice system, but they are consoled by their memories.

"Rocky was a gentle soul. He was not the kind of person who would hurt anyone. He was an innocent victim," says Doig.