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Judge allows girls to testify by video Terrence McEachern Northern News Services Published Monday, August 1, 2011
Given that the accuseds' community doesn't have videoconferencing equipment, Kilpatrick has changed the trial venue to Iqaluit. The two complainants, both 15, are residing at a counselling treatment centre in Saskatchewan. A court-ordered ban is in place preventing the publication of any information that could identify either complainants. Kilpatrick rejected the defence's arguments that allowing the video testimony interferes with the accuseds' right to face their accusers and inhibits the defence's ability to cross-examine and assess the complainants' credibility. "There is no common law right to publicly confront a witness ... there is no statutory provision conferring a right of public face-to-face confrontation upon a citizen accused of a crime," ruled Kilpatrick. The right of complainants under the age of 18 to testify by video is allowed under the Criminal Code, he added. Kilpatrick cancelled court dates set for Aug. 24 in the complainants' home community for the four accused men, who range in age from 31 to 47. They are scheduled to appear in the Nunavut Court of Justice in Iqaluit on Aug. 8 to speak to the charges. The Crown has elected to treat the charges against three of the men as indictible offences. The three have elected a trial by judge and jury with a preliminary inquiry. One of the men has been charged with summary offences, meaning lesser punishment if he is convicted. He has elected to be tried by judge alone. The offences are alleged to have occurred between Dec. 1, 2009, and March 5, 2010, and the charges include sexual assault, sexual interference and invitation to sexual touching.
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