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Murder trial faces possible delays

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

IQALUIT - The start of the first-degree murder trial of a Kimmirut man accused of shooting and killing an RCMP constable might be delayed because Iqaluit's hotels are booked solid in February.

The court system is having a hard time finding places for jurors and witnesses from Kimmirut to stay for the trial of Pingoatuk Kolola, who is accused of killing Const. Douglas Scott in November 2007.

The G7 finance ministers' summit is scheduled to bring international delegates and reporters to the city on Feb. 5 to 6. Later in February a week-long conference of teachers of the Qikiqtani Region, organized by the Nunavut Teachers Association, is scheduled to be held in Iqaluit.

Justice Robert Kilpatrick said on WEdnesday that the court has no control over other organizations "taking every hotel room in the community."

Court personnel had not booked hotel space because they were waiting to see how many witnesses the Crown will call against Kolola.

"I haven't seen any subpoenas yet," said Kilpatrick.

As trial judge, Kilpatrick would sign off on all subpoenas to bring witnesses to court.

The problem of accommodation will be especially acute if the jury is composed of Kimmirummiut. Kilpatrick's preference is for the Kolola's jurors to come from his home community, but that may not be possible. Each juror has to be impartial and not connected to the case, a challenge in a community of only 400 people. So another jury pool is being assembled in Iqaluit.

Kilpatrick said even if the jury is from Iqaluit, 85 per cent of the jurors would be Inuit, matching the proportion of the general population in Nunavut.

As of press time, court staff had arranged a seven-bed bed-and-breakfast, with the possibility of adding five cots, making up just enough room for 12 jurors if they are from Kimmirut.

Defence lawyer Andrew Mahar suggested that during the early part of the trial, witnesses and any jurors could be flown from Kimmirut on daily charter flights until hotel space opens up in Iqaluit.

Kilpatrick said Kimmirut has notoriously bad weather in February, with heavy fogs that often disrupt air travel. Kilpatrick suggested the court try to arrange some housing from the Government of Nunavut, and directed the Crown to produce its list of witnesses as quickly as possible so court staff know how many people they need to make arrangements for.

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