SOMBA K'E/YELLOWKNIFE - A Yellowknife man who pleaded guilty to spilling fuel will have to wait until December to find out his sentence.

Garry Johnson, seen here entering the Yellowknife courthouse on Aug. 13, will have to wait until Dec. 10 to receive his sentence. - NNSL file photo

Judge Garth Malakoe informed territorial court Oct. 15 that he was "unable to give a decision" as expected. He did not specify why.

The case was last adjourned on Aug. 13.

Garry Johnson is charged under the NWT Waters Act for a fuel spill from his 946 litre fuel tank on April 15, 2009, on an area of land near a small lake off kilometre 35 on the Ingraham Trail. The exact quantity of fuel that spilled is unknown.

Johnson was "squatting" in a cabin on the piece of Crown land at the time without a lease.

Two-hundred and twenty nine thousand kilograms of contaminated soil had to be removed from the area and replaced with clean soil at the government's expense. The cost of the clean-up was $120,000.

Malakoe gave both Crown prosecutor Andrew Fox and defence lawyer Sheldon Toner the opportunity on Oct. 15 to offer oral arguments for sentencing in addition to written arguments already submitted. Toner declined, but Fox spoke for about 10 minutes.

"Mr. Johnson made a mess, and he should pay to clean it up," Fox told the court.

After the court session, Johnson, a truck driver, told Yellowknifer he wasn't particularly happy with the adjournment and would like to get a decision "sooner or later."

"Well, it happened 18 months ago," he said.

Malakoe adjourned the matter until Dec. 10 at 1:30 p.m. where he said he will offer a decision then.

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