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Court briefs Woman won't be tried for causing death Laura Busch Northern News Services Published Wednesday, March 28, 2012
Territorial court Judge Bernadette Schmaltz ruled Friday that there was not enough evidence against the woman, who is in her mid-50s, to try her on charges of impaired driving causing death and dangerous driving causing death. "In my mind, the inferences that would need to be drawn would be speculation," said Schmaltz, adding that there was "no evidence" that the woman's alleged increased blood alcohol limit caused the accident that killed Whalen on April 2, 2010, close to 16 km north of Yellowknife. Schmaltz did find that there was enough evidence to proceed to trial on the lesser charges of operating a motor vehicle while impaired and operating a motor vehicle with a blood alcohol amount exceeding 80 milligrams per 100 millilitres of blood. There was no date set for the trial as of Friday. Senior official convicted of assaulting civil servant A dispute between two GNWT employees overflowed into territorial court last week. The complainant, a senior manager in one department, broke down into sobs as she told the court about how a more senior official in her department assaulted her and her husband at a retirement party in a Yellowknife pub last fall. The offender, who had no prior criminal record, was convicted of two counts of assault - one on his female co-worker and one on her husband. He was sentenced to nine months of probation, a $500 fine plus two victim surcharges totaling $75, and he's prohibited from initiating any contact with the complainant or her husband except as required in the course of his employment. The complainant was getting ready to leave the party close to midnight when, as she told the court: "All of a sudden I was attacked from behind." The offender grabbed her by the shoulders, shook her, and then yelled obscenities at her, she said. The complainant's husband, who had been walking in front of her, turned and was struck in the chest with an open-palmed punch from the offender. A few minutes later, the offender approached the couple again, again became enraged, shouted obscenities and told the woman, "I curse you." The woman's husband suffers from brittle bone disease and avoided an altercation with the offender, who called him a coward. "I felt like I couldn't protect my wife," the woman's husband told the court as he also broke down in tears. The offender told the court that he had originally approached the complainant to talk about his daughter, who had been arrested under the mental health act three days earlier after attempting suicide. His daughter had worked for the female complainant a few years earlier and the offender felt that she had a part to play in his daughter's troubles. "I wish I had never gone to talk to them about it," the offender told the court. The female complainant, who has worked for the GNWT for about 24 years has not been back to work since Oct. 14 and has since been diagnosed with post traumatic stress disorder, she said. Thrasher bail review will wait A decision on whether Yellowknife resident Lloyd Thrasher will be released from jail on bail until sentencing on outstanding charges was delayed until Thursday morning. "It would assist your case greatly if you had a surety (someone to be responsible for him) of some repute," said Judge Garth Malakoe during yesterday's bail review. "It is not enough to simply name someone." Addressing the court in his own defence, Thrasher said he had gainful employment as a music producer and a safe place to live with a cousin if he was released. The cousin did not attend court. Thrasher also argued that he could be of good behaviour and uphold the law if let out of jail. Since he is representing himself in court, he said being kept in jail prevents him from accessing the resources he needs, such as Internet and phone, to adequately defend himself. Crown prosecutor Jean-Benoit Deschamps opposed Thrasher's release on the grounds that keeping him in custody is necessary for the protection of the public.
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