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Testicle-kicker convicted

Cara Loverock
Northern News Services
Published Friday, April 3, 2009

SOMBA K'E/YELLOWKNIFE - A man was convicted Wednesday of kicking an acquaintance in the testicles after the victim tried to walk away from a confrontation.

David Beyonnie was found guilty even though he did not show up in territorial court. Crown prosecutor Terri Nguyen requested the trial, known as an ex-parte trial, go ahead. Chief Judge Brian Bruser agreed.

The Crown called two witnesses, an RCMP officer and the victim. The officer testified that the victim had come to the detachment on the day of the assault, April 24, 2008. The officer said the man who was attacked had "small bruising on his upper lip."

He was also mildly intoxicated, but the officer said he felt the man was sober enough to give a statement.

The victim testified he knows Beyonnie "from the streets of Yellowknife."

He said he had been at the Gold Range diner after a night of drinking and went across the street to Centre Square Mall. He said that is where he ran into Beyonnie, who backed him into a corner, punched him in the eye and then kicked him in the testicles when he tried to leave.

At the time Beyonnie was on court conditions to keep the peace and be of good behaviour.

"The accused is guilty on both counts," said Bruser after the Crown concluded its case. "The evidence is abundant."

A charge of flight from police was dismissed due to lack of evidence, and a fourth charge of breaching court conditions was stayed. A warrant was issued for Beyonnie's arrest. A hearing for his sentencing will be set after police locate him.