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Life in prison for Kugaaruk child killer

Lauren McKeon
Northern News Services
Published Monday, September 21, 2009

IQALUIT - A Kugaaruk man who pleaded guilty to the murder of a five-year-old girl was sentenced Sept. 17 to life in federal prison with no chance of parole for 18 years.

Shawn Kayaitok, 23, also pleaded guilty to sexually assaulting a seven-year-old boy and a 14-year-old boy in 2005 and early 2006, respectively, prior to the murder in March 2006.

In his sentencing decision, Justice Robert Kilpatrick suggested some dismay over the Crown's plea bargain, which downgraded Kayaitok's original first-degree murder charge to one of second-degree murder. It was made in exchange for a guilty plea to all three offences.

A first-degree murder charge can be laid if the accused causes the death of a human being while committing or attempting to commit sexual assault, said Kilpatrick.

Kayaitok, 19 at the time of the murder, lured the girl into a shack, where he smothered her when she began to scream and sexually assaulted her dead body. He then dumped her body head first into an empty water barrel and thew some old clothing over top of her.

The second-degree murder charge is based on the proposition that the sexual contact occurred after the child was dead and that the murder was not connected to the sexual contact.

"(But) some troubling questions are raised by the facts," said Kilpatrick. "To suggest that Mr. Kayaitok had some innocent purpose when he took (the victim) into the shack is an affront to common sense."

"This was not an appropriate location or time for a social visit, or a bedtime story. He was not there to tuck the child into bed," he added.

Kilpatrick invited the Crown lawyer to explain to the public its plea bargain and the acceptance of a guilty plea to a lesser charge. The prosecutor declined.

"The Crown is under no legal obligation to explain its exercise of discretion. On matters of such profound public importance it is usually a good practice to do so," said Kilpatrick. He added had the Crown and defence lawyers not presented a joint submission for parole after 18 years, he would have "exceeded the lawyers' recommendation."

"This is a perversion that takes Mr. Kayaitok beyond the pale of human society ... Society's revulsion for this act must be expressed through a severe denunciatory sentence. Nothing less will suffice," he said.

Kayaitok received the longest sentence for second-degree murder in Nunavut history. His name has also been added to the sex offender registry.

As a result of the sentence, Kayaitok can also add his common-law spouse and three-year-old child to his long list of victims, Kilpatrick said.

"Your future is dark. Your family life is over. Your child will grow up without you. This sentence is the end of living as you know it. This sentence is the beginning of your survival," he said.

But Kilpatrick also acknowledged there is little the court can say or do to restore what has been taken from the victims of Kayaitok's actions.

"Kayaitok has been given an opportunity to address the court and the deceased's family ... He has chosen to remain silent. He has tendered no letter to express his regret. There has been no trace of emotion on (his) face during these proceedings. The family of the deceased deserves better," he said.

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