Spence Bay (Oct 18/04) - Three months after ruling three untagged narwhal tusks can't be entered as evidence in a trial, a Nunavut judge has acquitted three hunters in Taloyoak on charges of hunting without a license.

In Sept. 2001, Saul Kooktook, Kokiak Peetooloot and David Tucktoo were charged with one count each of hunting without a licence, killing a narwhal without a tag and possession of a tusk without a tag.

In July, Justice Robert Kilpatrick said the defendants charter rights had been violated by Department of Fisheries and Oceans and Wildlife officers during the investigation. On Oct. 7, he dismissed the charges.

It is unclear whether the tusks will be returned to the hunters.

"The three tusks do not have a tag and whoever would come into possession of them would be breaking the law," said Crown attorney Christine Gagnon.

But defense attorney John Wannacott said there are three unused tags still in the case evidence.

He said these were acknowledged as valid during the trial by the Department of Fisheries and Oceans.

Wannacott would like to see the tusks returned to the hunters.

"If those tags are affixed to those tusks, then they become legal," Wannacott said.

A hearing to determine whether the tusks will be returned to the hunters is likely to be set for sometime in December.