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Crown defends plea bargain

Gabriel Zarate
Northern News Services
Published Monday, December 21, 2009

IQALUIT - Prosecutor Elizabeth Miller explained the Crown's decision to accept a plea bargain in the case of an Iqaluit man charged with making child pornography to the Nunavut Court of Justice on Friday.

In October, Justice Neil Sharkey had asked the Crown's office to justify why it dropped 12 charges against Nathan Evans - one count of making pornography, two counts of assault, four counts of sexual assault, three counts of sexual interference with a minor, and two counts of forcible confinement - in exchange for guilty pleas to one count of possession of child pornography and one count of sexual assault.

On Friday at Evans' sentencing hearing, Miller said accepting the guilty plea on two charges avoided the need for a lengthy trial with young witnesses who would have had to testify.

Police had searched Evans's apartment in the Browne Building and found web-cameras and digital cameras. Hundreds of images and video of child pornography were found on his extensive computer hardware. Part of Evans's collection included images of Iqalummiut teenage girls sleeping naked or in their underwear.

The sexual assault charge to which he pleaded guilty stemmed from an incident where Evans had been drinking with some teenagers. He took the hand of a 15-year-old girl and put it on his crotch. Both Evans and the girl were fully clothed.

Evans had previously pleaded guilty in 2006 to a charge of providing alcohol to minors.

Defence lawyer Chris Debicki said Evans's time served was already an appropriate sentence for his crimes. Evans spent three months in custody before being granted bail. Most of that time was spent in solitary confinement for his own protection.

Crown lawyer Jeanette Gevikoglu argued that after taking into account Evans's time served, he should serve another 12 to 18 months in jail.

Evans's eyes were red with tears as his mother Bernadette Evans spoke on his behalf. She said Evans was going back to school, taking a business administration diploma program since he's no longer allowed to use computers except for email. She begged Sharkey to let Evans continue his present path.

"Nathan is a good boy," she said. "Nathan has always been a very caring individual. He has been called 'peacemaker' by those who know him."

Sharkey will likely make his decision on Evans's sentence in February 2010, but a date has not yet been set.

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