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Court Briefs
Woman fined $250 for having marijuana

Terrence McEachern
Northern News Services
Published Friday, January 28, 2011

SOMBA K'E/YELLOWKNIFE - A 43-year-old Yellowknife woman picked the wrong time to cause a drunken disturbance at her daughter's apartment after the RCMP found her with 2.2 grams of marijuana.

Judge Garth Malakoe fined the woman $250 for the offence in territorial court Jan. 18. Crown prosecutor Glen Boyd said that on Dec. 1, 2010, Yellowknife RCMP responded to a call of an intoxicated woman causing a public disturbance and refusing to leave her daughter's Simpson House apartment.

The RCMP arrested the woman for public mischief, but charged her with possession of marijuana with an approximate street value of $50 after she was searched by officers. Boyd sought a fine of $300 to $400.

Defence lawyer Serge Petitpas requested a lesser fine of $200 because his client is currently unemployed and receiving social assistance. Malakoe decided on $250 and gave her four months to pay.

Man charged with 53 Street assault needs new lawyer

A Behchoko man accused of attacking a 23-year-old woman on 53 Street on Jan. 2 did not enter pleas to several charges as expected on Jan. 18.

Instead, Bobby Robert Zoe, 30, appearing by video from the North Slave Correctional Centre, listened to lawyer Stephen Shabala tell the court he cannot represent Zoe because of a conflict of interest.

Shabala explained he once represented one of the Crown's witnesses in a prior case. Judge Garth Malakoe told the accused he has to choose a new lawyer from a list, although Shabala suggested that Nikolaus Homberg might be taking over Zoe's defence.

Zoe is charged with sexual assault, assault with a weapon, uttering threats, robbery, choking to overcome resistance and breach of probation. His next court appearance is scheduled for Feb. 1.

Charges aren't mine, man argues

A case of mistaken identity delayed the Crown's case against Aaron Christopher Rabesca of Behchoko in territorial court Jan. 18. Lawyer Stephen Shabala said his client was scheduled to enter pleas on several charges, but said Rabesca was sure some of the charges are not his. Instead, he believes they might be against another man with a similar name also going through the court process.

Judge Garth Malakoe asked Rabesca, appearing by video from the North Slave Correctional Centre, for his date of birth. When the man answered Aug. 22, 1975, Malakoe accepted that there may be a case of mistaken identity based on the November 1987 date of birth for some of the charges on the file.

Crown prosecutor Glen Boyd agreed there was a mistake. Malakoe granted Boyd an adjournment until Feb. 1 to sort out the charges with the RCMP.