Yellowknife (Mar 03/04) - The decision to drop a liquor charge against the Top Knight nightclub last week is being defended by Justice Minister Charles Dent, who personally reviewed the file.

When asked by Yellowknifer if the Justice Department had acted with favouritism toward the Top Knight, Dent answered: "I certainly hope not."

Allegations of favouritism were raised Thursday morning by Gold Range lawyer Austin Marshall. "There is a great concern on the licensee's (Gold Range) part that things that have happened outside the board and out in public may have found their way into what happened yesterday."

Marshall made the comment, and other comments about possible "bias," before the liquor board a day after a charge of allowing drunkenness on the premises was dropped against the Top Knight.

At the time, Justice Department lawyer Brian Asmundson said the Top Knight case was being withdrawn because new evidence had come to light: namely that what a liquor inspector initially believed to be a glass of wine served to an intoxicated patron, may have been a glass of water.

On Friday, Dent clarified the situation, saying the inspector couldn't testify with certainty what was in the glass because she did not smell or taste its contents.

"A member of the bar's staff was prepared to testify under oath that it was only water... so it was one word against another," he said.

While charges against the Top Knight were dropped, the Crown's case against the Raven Pub later that day appeared to be even weaker yet still proceeded.

The bar was charged with overcrowding, but on the ticket handed out by the liquor inspector, the number of people in the night spot was well under the allowable limit.

On the stand, the liquor inspector testified she had done three additional counts which were all above the bar's limit, but none were listed on the ticket. The liquor board ruled in favour of the Raven Pub.

Dent said he wasn't familiar with that case and couldn't say why it proceeded while the Top Knight case did not.

Asked for adjournment

The case against the Top Knight was originally scheduled to proceed on Feb. 11, but lawyers for the bar asked for, and were granted, an adjournment until Feb. 24.

At the time, lawyers for the Crown did not mention any potential problems with their case.

One week later, Top Knight co-owner Gordon Wray complained publicly that local bars were being harassed by liquor inspectors, citing nearly 7,000 inspections per year.

"(The number of inspections) is heavy-handed," he said at the time.

But Wray's comments -- which made the front page of the Feb. 18 Yellowknifer -- had nothing to do with the decision to withdraw the case said Dent.

Review over time

"(Justice and liquor board officials) lay a charge and review it as time goes on," said Dent.

"They have to be happy with their case."

Dent said he has confidence in the Liquor Licensing Board and the way the system is set up. He suggested changes in the future may be made in the way inspectors gather evidence.

"Maybe they should take a sample (of what's in a particular glass)," said Dent.