Amanda Vaughan
Northern News Services
Published Friday, January 18, 2008

YELLOWKNIFE - A 27-year-old man was sentenced to a year in jail for seven charges Jan. 15, all stemming from one stolen van in the summer of 2005.

Five of Scott Franki's convictions were for failing to attend court.

"There are people waiting in custody for trial time, and you just don't show up," said Judge Bernadette Schmaltz, expressing concern over how the accused's absences wasted court resources.

Franki was arrested on June 24, 2005 after the owner of a stolen van spotted him driving it downtown.

Crown lawyer Michael Himmelman told the court the van's owner stopped an RCMP officer after he saw his vehicle park in the Centre Square Mall parking lot, and the driver walk into The Diner across the street.

Franki was identified in the restaurant by the van's owner and arrested there.

"The accused admitted to driving the stolen vehicle, telling police he had rented it," Himmelman said.

Franki told police he had paid a "skinny female" $60 to drive the van.

Franki then did not show up for his first court appearance in February 2006, and a subsequently scheduled appearance in April.

Himmelman said a warrant for Franki's arrest was executed in October, when the police found him in Behchoko. Franki then appeared in court on Nov. 21, 2006, where a trial date was set for January, 2007.

He did not show up for court in January.

RCMP picked him up when they found him passed out in the doorway of a Reddi Mart, and later found he had 0.5 grams of cocaine when searching him prior to placing him in cells for the night.

Franki then missed his rescheduled trial date for the stolen van charge on April 25, 2007, and a May 29 court date on the drug charge.

Himmelman said the RCMP finally found him passed out in the doorway of the Discovery Inn last October.

Franki's defence lawyer, Brad Enge, said his client had been sentenced on another series of offences in August 2005, shortly after the van incident, leading him to believe that charge had been cleared up then.

He also said Franki had been working out of town, and had neglected to make arrangements for the court dates, rather than simply opting to not show up.

Schmaltz, however, stated those reasons could not possibly justify five missed appearances.

"Forgotten once, I can understand, misunderstood once, I can understand, but after a time it just becomes a 'who cares' attitude," she said.

Franki who pleaded guilty to all charges, was sentenced to one year in jail, and was credited eight months for the six months he had spent behind bars in relation to charges, has four months left to serve.