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Court briefs
Seven months for fifth sexual assault

Elizabeth McMillan
Northern News Services
Published Friday, December 11, 2009

SOMBA K'E/YELLOWKNIFE - A 38-year-old who pleaded guilty to sexual assault has been sentenced to seven months in jail.

Gusta Kootoo, originally of Iqaluit, was sentenced in Supreme Court on Dec. 7.

"Four months and I'll be out," Kootoo said reassuringly to a woman in the courtroom before a guard ushered him away.

Justice J. Edward Richard said the sentence, which was based on a joint submission by Crown prosecutor Glen Boyd and Kootoo's defence lawyer Thomas Boyd, was "on the lenient side when you consider the background and related offences."

Kootoo already had eight violent crimes on his record, four of which were sexual assaults. He received a five-year sentence for his last conviction in 2000.

The most recent charge relates to an incident in July 2007 when Kootoo was drinking with three teenagers in his apartment in Yellowknife. When he was alone with a 16-year-old girl, he forced himself on her, removing her skirt and underwear and touching her sexually.

Kootoo has been in custody since April 2009. Initially released on bail after being charged in July 2008, Kootoo was convicted of drinking and driving and returned to jail.

He originally pleaded not guilty to the sexual assault charge and elected to be tried by a jury, but then changed his plea on what would have been the first day of his trial. Richard gave him credit for the several months he's already spent in custody.

Tearful man gets 45 days for contacting family

A 33-year-old Yellowknife man has been sentenced to 45 days in jail for violating an emergency protection order against him.

"He couldn't just stay away from the kids and he made the wrong decision to call the complainant," said defence lawyer Abdul Khan.

During the first four days of June, the man called his estranged spouse upwards of 21 times. Despite that he was made aware that his spouse notified authorities of his repeated contact, he persisted in calling and texting several more times.

The man pleaded guilty to breaking the Protection Against Family Violence Act in territorial court on Dec. 3. He was convicted of an assault against the same woman in January 2008.

The man wiped away tears as he told the court he wanted to get on with his life and start working again.

"The reason I contacted (her) was not to bother her but to contact the kids," he said.

Judge Robert Gorin said, "there's going to be serious consequences" if court orders aren't followed.

Not guilty verdict for man accused of choking ex-girlfriend

A man accused of choking his former girlfriend was acquitted of assault on Dec. 7 in territorial court.

Judge Christine Gagnon said there was reasonable doubt as to what happened during the early morning hours of April 10 at the complainant's residence.

She said the woman's anger was fuelled by the breakdown of the couple's relationship. The court heard testimony about a series of arguments that started when the accused didn't pick up the complainant from the airport. Later, the woman became enraged when the man arrived at her apartment at 7 a.m. to pick up his belongings.

"The complainant was very angry at the accused ... and she found a pretext to start hitting the accused," Gagnon said.

She called the woman's testimony "incoherent" and said it was "inconsistent" that an argument started because the accused opened a bathroom cabinet without the woman's permission.

"He was more concerned about getting out of the apartment as (the complainant) became more verbally and physically abusive," Gagnon said in her ruling.

As to evidence the woman had red spots on her neck that she attributed to being choked with one or two hands, Gagnon said the marks weren't definitive.

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