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Kugaaruk killer awaits sentence
Man murdered five-year-old girl, sexually assaulted two boys

Gabriel Zarate
Northern News Services
Published Monday, September 14, 2009

IQALUIT - A Kugaaruk man convicted of murdering a five year-old girl may face 18 years in prison before he is eligible for parole.

Shawn Kayaitok, 23, pleaded guilty Sept. 8 in Iqaluit to second-degree murder, and to two counts of sexual assault from unrelated incidents prior to the girl's murder in 2006.

Kayaitok originally faced a first-degree murder charge. On Sept. 10 Crown and defence lawyers presented their joint sentencing submission to Justice Robert Kilpatrick. They proposed a seven-year prison term for the two sexual assaults, and a life sentence for second-degree murder.

Under the terms of the deal, Kayaitok would not be eligible for parole for 18 years.

If Kilpatrick hands down a sentence as proposed by the lawyers' joint submission, it will be the longest sentence for second-degree murder in the history of Nunavut.

"Put very simple, this man is a predator," said Crown prosecutor Judy Chan. "He seeks out young victims, takes them to isolated locations. This time he went too far."

According to the statement of facts, on March 9, 2006, Kayaitok took a five-year-old girl who knew him and was comfortable with him to a shack. The girl's identity is protected under a publication ban.

When she resisted and started to scream, he covered her mouth with his hand. He did this for several minutes until she stopped, and then realized he may have suffocated her to death. He then had sex with her, dressed her and stuffed her into the shack's water tank. Kayaitok was 19 at the time.

RCMP, Canadian Rangers and other residents of the community searched for the missing girl during the night. On the morning of March 10, after the search resumed, a resident found the girl's body at the shed.

Kugaaruk's health centre staff examined the body and found evidence of sexual assault and took samples for DNA testing.

In the ensuing investigation RCMP interviewed roughly 100 people out of the community of about 700 at the time.

After Kayaitok's interview with police, he went outside to have a smoke and his cigarette butt was picked up by an RCMP officer who sent it for DNA analysis in Winnipeg. The DNA from Kayaitok's cigarette butt was a close match for the DNA found on the girl's rape samples.

A later warrant for a blood sample from Kayaitok confirmed the genetic match.

Chan said police called in extra officers for Kayaitok's arrest, out of concern he may require protection from angry community members.

At the time of the girl's murder, Kayaitok was free in the community while awaiting trial for the January 2006 sexual assault of a boy, aged 14 at the time. After the murder, Kayaitok was charged with the sexual assault of a seven-year-old boy in 2005.

The families of Kayaitok's three victims attended the sentencing hearing via teleconference at Kugaaruk's health centre. The mothers of all three children spoke of the terrible impact Kayaitok's crimes had had on their children and their families.

"That was my husband's favourite daughter," said the mother of the murdered girl. "I had four kids but I lost two of my daughters, so I've got only two."

"They say he'll (Kayaitok) be 40 years old before he gets out," said the mother of the seven-year-old boy. "I'm pretty sure no one wants him in town."

As mitigating factors, defence lawyer Sue Cooper cited Kayaitok's skill on the land and ability as a hunter, his history of good behaviour with his family, his work history with the hamlet, recreation centre and arena canteen.

She said his prior criminal record was mild compared to many others, and mainly consisted of "nuisance" offences until now. She said his guilty plea spared his victims and their families the ordeal of testifying in court.

She urged Kilpatrick to accept the joint submission since that would encourage others to plead guilty and spare Nunavut's court system from organizing a lengthy trial.

"Judicial resources are stretched to the limit," she said. Kayaitok sat impassive throughout the hearing and declined to address the court or the families of his victims. Kilpatrick is expected to hand down a sentence this week.

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