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Guilty plea in perjury case
Woman lied about relationship with man in getting protection order against him

Laura Busch
Northern News Services
Published Friday, November 11, 2011

SOMBA K'E/YELLOWKNIFE
A woman is awaiting sentencing after admitting she lied to a justice of the peace while seeking an emergency protection order against a man she barely knew.

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Andreas Tesfaye lived "three months of hell" earlier this year after a woman falsely accused him of trying to kill her. Roberta Simmonds pleaded guilty to perjury in territorial court yesterday. - NNSL file photo

Roberta Marie Simmonds pleaded guilty to perjury yesterday in territorial court. She had also previously been charged with public mischief for lying to police but that charge was withdrawn.

The court heard yesterday that Simmonds went to police June 9, complaining she had received a phone call from former Yellowknife resident Andreas Tesfaye, threatening to kill her.

Simmonds went to the Alison McAteer House emergency shelter the same day and requested sanctuary, saying she feared for her life. She also went before justice of the peace Grace Blake seeking an emergency protection order.

Simmonds told Blake under oath she had dated Tesfaye for four to six months - and was living with him during this time. Despite her claim of a months-long relationship, Simmonds couldn't properly spell Tesfaye's name, didn't know his address, the number of piercings he had on his body, or his age and the age of his children.

The next morning, Tesfaye was arrested at his home by the RCMP. He was photographed, fingerprinted, questioned and then released three hours later, Crown prosecutor Jeannie Wynne-Edwards told the court.

Simmonds, who says she suffers from spinal injuries, used a walker to help her move to her seat beside her lawyer, Caroline Wawzonek. She wore a black-and-white coat, blue jeans and grey boots, and sat looking dismayed for most of the proceeding while occasionally speaking quietly with her lawyer.

Tesfaye did not appear in court, as he has since moved to Ontario. A victim impact statement written by Tesfaye was read to the court instead. The statement expressed regret over an "overwhelmingly unwanted intrusion" into his life by Simmonds. He stated that he had been advised to leave Yellowknife permanently after being "subjected to one hell after another" by the accused, and that as a result he and his two children live in separation. Tesfaye stated he felt betrayed by the justice system, but thanked those who had stood by him through the ordeal - including his mother, Lona Hegeman.

Tesfaye told Yellowknifer yesterday that he missed the North incredibly, "But there's a lot of heaviness when I think about the North now."

"I'm not even back to being 100 per cent. There's a lot of trust issues, there's a lot of anxiety. I still have panic attacks about certain things," said Tesfaye.

"It's affected me quite a bit from being a law-abiding citizen to being accused of this."

Tesfaye said he knew Simmonds socially but was never in a relationship with her. His troubles began in April of this year when he offered to help her move into her new home.

The Crown and the prosecution recommended Simmonds receive a suspended sentence of one year's probation, during which there would be no direct contact with Tesfaye. She would also be required to report to her probation officer and take counselling for her mental health issues. The Crown also asked for Simmonds to pay $5,000 to cover Tesfaye's legal costs.

Judge Bernadette Schmaltz said a suspended sentence did not seem appropriate in this case. She spoke of "what can happen when this type of offence against the administration of justice occurs."

The trial was adjourned to provide more time to gather information for the court.

Simmonds is due back in court Nov. 29.

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