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Accused in elder beating to stand trial

Lauren McKeon
Northern News Services
Published Wednesday, August 12, 2009

SOMBA K'E/YELLOWKNIFE - A woman accused of beating a Ndilo elder who later died in hospital has been ordered to stand trial for assault causing bodily harm.

The charge carries four fewer years of maximum jail time than her pretrial aggravated assault charge.

After a two-day preliminary inquiry, Judge Christine Gagnon decided Aug. 7 there was enough evidence against Alice Nitsiza, 43, to warrant a trial - not for the original charge of aggravated assault, which, according to the Criminal Code of Canada, has a maximum sentence of 14 years in prison.

Assault causing bodily harm has a maximum sentence of 10 years and, Gagnon said, is considered to be a "lesser offence."

Nitsiza, a small woman with chest-length brown wavy hair, remained motionless with her arms crossed over her chest as Gagnon explained her decision. Nitsiza, who wore a black, over-sized T-shirt with a small painted cat on the chest throughout the inquiry, moved only once, uncrossing her feet from the leg of her chair to rest on the floor.

She is charged in relation to a Jan. 15 attack on 84-year-old Marie Doctor. According to RCMP reports at the time, Doctor had been attacked by an assailant, whom police had said was unknown to her, in her home that night and been seriously injured. Doctor suffered a broken left hip and a fracture on her left forearm.

She died in Stanton Territorial Hospital on Feb. 8.

During the preliminary inquiry, which Crown prosecutor Janice Walsh called "detailed and time-intensive," Crown counsel called seven witnesses against Nitsiza. Defence lawyer Peter Fuglsang called none.

Nitsiza also faces one charge of breach of probation and one charge of breach of undertaking.

On Aug. 7 defence also made a request for Nitsiza to be moved out of RCMP cells and into the young offenders facility while she awaits trial.