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SOMBA K'E/YELLOWKNIFE - An unusual case in territorial court last week was adjourned until August by Judge Christine Gagnon to give her time to decide whether to admit a video statement from an intoxicated complainant who didn't show up for trial to testify against the man she accused of assaulting her.

Not only that, but she has since married the man.

On Jan. 23, 2011, the Yellowknife RCMP responded to a call in Dettah of an alleged assault with a weapon.

After a 40-minute video statement by the female complainant, the RCMP charged the complainant's 42-year-old common law partner with sexual assault, hostage taking, uttering death threats and assault with a knife.

The accused pleaded not guilty to the charges on March 29, 2011.

The trial was scheduled to begin on June 20, but after the complainant failed to show up, the case had to be adjourned to June 23 and 24 for an evidence hearing to deal with whether the case could proceed with the video statement in her absence.

Hugh Latimer, the accused's lawyer, challenged the reliability of the statement on June 24, arguing that the complainant was intoxicated at the time. Of further concern is that during the statement, the complainant indicates she didn't want the man charged and that she told the officer three times she didn't want to continue with the statement, said Latimer.

The witness has subsequently failed to show up for trial and there is a warrant for her arrest. The defence's concern, said Latimer, is that the reliability of her statement cannot be challenged since she is presently unavailable for cross-examination.

Latimer said he suspected the complainant's reluctance to show up for court to testify against the accused could involve the fact that, since the incident, the two became husband and wife.

Despite these factors, Crown prosecutor Danielle Vaillancourt argued the video statement is necessary given the seriousness of the charges and the Crown and the RCMP's efforts to bring the complainant to court. She added that there is a tendency for spousal abuse complainants to recant their statements, making the admissibility of video statements all the more necessary. Vaillancourt said she didn't know why the complainant wasn't showing up for court, but suggested she could be scared.

In terms of the reliability of the video statement, Vaillancourt said the complainant swore an oath and was thoroughly informed of the consequences of giving a false statement before speaking to the officer. Vaillancourt added that the lead investigator, Const. Brett Foley of the Yellowknife RCMP, had experience dealing with complainants who had been drinking, and by her assessment, the complainant's demeanour was calm and her answers were coherent.

On June 23, Vaillancourt showed the court the 40-minute video statement of the complainant talking to Foley on the night of the alleged attack at 9:01 p.m.

In the statement, often laden with profanity from the complainant, she testified she and her common-law partner got into an argument after drinking for most of the day. The argument escalated when, according to her statement, he pinned her to their bed, grabbed a butter knife and threatened to kill her and her children. He then allegedly tried to kiss her and take off her clothes. She said she was pinned to the bed for about 90 minutes, but was able to escape to a neighbour's house after he let her up so she could use the washroom.

Gagnon is expected to make a decision on the video evidence on Aug. 18 at 9:30 a.m.

Yellowknifer is not identifying the accused because of his spousal relationship to the complainant, whose identity is protected by a publication ban.

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