Home page

Text size

E-mail this page

SOMBA K'E/YELLOWKNIFE
A territorial court judge ruled last week that the Crown can use a woman's videotaped statement against her husband in his trial for assault with a weapon and forcible confinement.

This decision comes as the woman has since failed to pursue the charges against her husband, who was her common-law partner at the time, Judge Christine Gagnon noted on Aug. 18. The two later married despite the complaint to police.

Yellowknife RCMP recorded the interview with the female complainant at the detachment two hours after officers responded to a home in Dettah the evening of Jan. 23, 2011. Court heard that after police arrived at the scene, the complainant emerged from some trees on the property with red eyes and signs of distress and intoxication. Const. Brett Foley noted the woman was not "properly dressed" for the cold weather. The complainant led officers inside the home, where they found the accused and the knife he is charged with using in the assault.

Despite multiple subpoenas and a warrant for her arrest, police have not been able to find the complainant to force her participation in the legal proceedings. Citing their failed efforts and Crown prosecutor Danielle Vaillancourt's concerns about the severity of the crime, the judge allowed the video statement recorded the night of the incident to be admitted into evidence in the woman's absence.

Hugh Latimer, the accused's lawyer, had objected to this on the grounds that he would not have the chance to cross-examine the complainant about her statements.

Noting the prevalence of spousal violence in the NWT, Gagnon said she allowed the video to be used as evidence due to the woman's likely fear of the accused and of the legal process, among other reasons.

The judge said the woman's recorded statements were credible because the video was made shortly after the incident, the woman was in the same state of mind as during the attack, and three parallel red marks on her neck were evidence of an attack.

The trial is scheduled to continue Sept. 9. Yellowknifer is not identifying the accused in order to protect the identity of the complainant.

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