SOMBA K'E/YELLOWKNIFE - The judge was annoyed by Crown and defence lawyers' requests last week for the acquittal of a man charged with failing to attend court.

"Are you asking for a conviction?" Judge Bernadette Schmaltz asked Crown prosecutor Mattieu St. Germain in territorial court on Oct. 29.

St. Germain replied that he was leaving the matter - based on a May 11 missed court date by a 23-year-old man - in "the court's hands."

Schmaltz reminded St. Germain "as Crown counsel, you have a duty to make submissions."

St. Germain then cited cases that supported the defendant's testimony that "in good faith," on the day he was due in court, the man went to work and forgot his court date.

The prosecutor followed defence lawyer Hugh Latimer's lead and surprised the court by asking for an acquittal.

Schmaltz rejected the request and fined the man $400. She said the defendant had a "cavalier attitude" and acted recklessly by not taking the proper steps to remember his court date, such as writing the date on a piece of paper.

"There has to be more than 'I forgot,'" she said.

The man was also charged with stealing a wallet containing $80 from a Yellowknife man on Feb. 14. He pleaded not guilty to the charge on April 20, but changed his plea to guilty before his Oct. 29 sentencing.

For that offence, St. Germain recommended three to four months in jail, as well as probation and $80 in restitution for the amount contained in the missing wallet. He mentioned the man's criminal record as a reason for a significant penalty.

Latimer argued that his client never took the wallet, but did accept the $80 from another man, who he alleged took the wallet. He admitted his client was intoxicated after drinking a "mickey" of vodka and three beers that night, so he didn't remember all the details.

Latimer requested probation and $80 restitution for his client.

Schmaltz gave the man a suspended sentence and nine months probation. She said it wasn't much better that he didn't take the wallet but did take the cash.

"I don't know what made you think you had any right to that money," she said.

She also ordered him to pay $80 restitution and perform 50 hours of community service.

We welcome your opinions. Click here to e-mail a letter to the editor.