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Court briefs
Zoe trial date set

Northern News Services
Published Wednesday, July 29, 2009

SOMBA K'E/YELLOWKNIFE - A trial date has been set for former NWT cabinet minister Henry Zoe, who is facing a sexual assault charge.

The trial, which is expected to last a half-day, will be held in territorial court on Oct. 7.

On Tuesday, Crown lawyer Shannon Smallwood requested an additional two weeks to set the date, since the availability of one of the Crown's witnesses was not yet known. At the end of the summer, the witness will be attending a post-secondary institution outside of the territory.

Judge Bernadette Schmaltz, however, said she would set the date and if the witness was unavailable, the Crown could apply to push back the date.

After police received a complaint of an incident at a downtown Yellowknife apartment on Feb. 20, Zoe was charged with sexual assault. It will be tried summarily, which involves shorter time in jail and smaller fines, if there is a conviction. Zoe was not in court Tuesday.

- Herb Mathisen

Couple charged in grow-op granted leave

A Yellowknife couple charged in relation to a marijuana grow-op were granted amendments to their court conditions on July 21. Judge Brian Bruser made amendments to conditions requiring the couple, a 40-year-old man and 34-year-old woman, to stay in the NWT and report to the Yellowknife RCMP station in person every week.

The couple requested "to be able to leave the jurisdiction," said defence lawyer Jay Bran, so they could go on a planned trip next month. Bruser granted the request. The pair must report to RCMP in the province to which they are travelling.

A preliminary inquiry is scheduled for the case on Nov. 23 and 24. The man and woman each face one charge of possession for the purpose of trafficking and production of a substance. About 20 plants were seized at the home on Feb. 19 by RCMP.

Police had initially been called to the home to aid in a child welfare investigation.

- Cara Loverock

Relationship breakdown

A man set to enter a plea on a sexual assault charge on Tuesday had his case delayed by two weeks in order to seek a new lawyer, after disagreeing with his attorney.

Defence lawyer Jay Bran acknowledged the "solicitor-client relationship has broken down."

When Bernadette Schmaltz asked whether the man wanted to enter his plea, the man responded he should speak with another lawyer, but added: "I am innocent of the charges. That's as far as it goes."

- Herb Mathisen

Power Corp. still working out charges

The NWT Power Corp. is still in the process of resolving a Fisheries Act charge that dates back three years. In territorial court on July 21 Crown prosecutor Glen Boyd said the company and the Crown prosecutor's office were having "ongoing discussions" and have a "draft agreement." The matter was adjourned to Sept. 1 for "possible resolution," said Chief Judge Brian Bruser.

Last February the Crown told the court the matter was close to being resolved and it has been adjourned a number of times since then. The power company is charged with depositing sediment in water frequented by fish at a dike located at the Snare Forks hydro facility on June 15, 2006.

- Cara Loverock