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Not enough evidence, judge says

Dorothy Westerman
Northern News Services

Yellowknife (Jan 30/06) - Saying there wasn't enough to warrant a conviction, a territorial court judge found a Hay River man not guilty of assaulting his former common-law partner.

On Wednesday, Judge Robert Gorin said he was unimpressed with the testimony of both the complainant and the defendant.

"Although I find the evidence of the accused unimpressive, I need more than what I have to find him guilty. I cannot base it on demeanour only," Gorin said in a Yellowknife courtroom. "I am not sure that he did what he was accused of."

Charges date back to a July 20, 2004 incident in Yellowknife. Both were residents of Wrigley at the time.

The man pleaded guilty to two counts of failure to appear in court, on Dec. 16, 2004 and Jan. 11, 2005.

He was sentenced one day in jail, served by his presence in court Wednesday, ordered to perform 50 hours of community service, placed on probation for six months and ordered to pay $50 victim of crime surcharge on each count.