SOMBA K'E/YELLOWKNIFE - After waiting outside a Yellowknife courtroom for nearly an hour to testify, witnesses and a female complainant were sent home after Bobby Robert Zoe decided not to proceed with a preliminary inquiry on Tuesday.

Zoe sat in the prisoner's box as his lawyer, Jay Bran, had the case adjourned twice to meet with his client. Bran told Judge Christine Gagnon the reason for the adjournments was to discuss which aspects of the evidence to focus his arguments on. However, after the second break in proceedings, Bran told Gagnon his client decided to waive his right to a preliminary inquiry.

Zoe is charged with attacking a woman, 23 at the time, on Jan. 2, 2011, on 53 Street, south of Franklin Avenue at around 8:30 p.m. According to a Jan. 4 RCMP press release, the woman was walking on 53 Street when she was grabbed from behind by a man and she was thrown to the ground. The assailant then allegedly choked the woman, demanded money and threatened to kill her. Later, the RCMP added a charge of sexual assault stemming from the altercation.

The man fled after two men, Andrew Johnson and Vincent Hernot, living in a nearby house yelled at him. The two men caught the attacker near the garbage dumpster behind the NorthwesTel building on Franklin Avenue. The attacker broke free and allegedly struck Johnson over the head with a wine bottle but the two men caught him again shortly thereafter.

The RCMP arrested Zoe and charged him with sexual assault, assault with a weapon, uttering death threats, robbery, choking to overcome resistance and breach of probation. He has been in custody since Jan. 2 and was denied bail at a hearing in territorial court April 8.

After being notified that the hearing was cancelled, Johnson and Hernot, who had been sitting in the lobby outside the courtroom, left first. They were followed by the complainant, who was accompanied by two friends.

Zoe has elected to be tried in Supreme Court by judge and jury. The trial date had not been set by press deadline.

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