INUVIK
The charges against councillor Kurt Wainman were dismissed Tuesday after the Crown lost its material witness.
Wainman was facing two counts of assault and one of forcible entry.
The alleged victim was expected to give testimony but did not make an appearance. She was thought to be in either Edmonton or Nova Scotia at the time.
The Crown informed the court that the alleged victim had contacted the RCMP and indicated to them that she is not fearful of Wainman and she has no interest in pursuing the matter.
Crown attorney Kelly Onyskevitch indicated that he had no intent to seek a warrant for the witness.
As a result of there being no grounds for adjournment and a lack of evidence, Judge Bernadette Schmaltz dismissed all three charges.
Nihtat Gwich'in Council vice-president pleads guilty
Donald Andre, vice-president of the Nihtat Gwich'in Council, pleaded guilty to one count of mischief Tuesday.
The charge stems from an incident in May, when Andre's neighbour woke to find him standing at the foot of her bed.
The woman removed Andre from the house only to find him sitting in one of her rooms hours later. When he left for the second time the neighbour noticed a knife in her living room and became concerned that Andre also had a knife on his person. The woman then called RCMP, who later found Andre next door in his house. The woman has since moved away from Inuvik.
Judge Bernadette Schmaltz told Andre that she hopes he recognizes the significant and lasting impact his actions will have on the homeowner. Schmaltz noted Andre's previous criminal record, which includes convictions between 1988 to 2009, some of them relating to property offences and assault.
She imposed a four-month conditional sentence on Andre for the mischief conviction. He is only allowed to leave his property during court sanctioned hours or for certain activities, such as work or counselling. He is not to consume illegal drugs or alcohol and can't contact the victim or any of her immediate family. Andre is also expected to complete 40 hours of community service.
Suspended sentence for arsonist
Judge Bernadette Schmaltz imposed a suspended sentence against a man guilty of setting fire to Al Forno Restaurant.
Miles Dillon lit the building on fire after a disagreement with a worker at the restaurant, in which Dillon told the man he would be coming for him. He was charged on Sept. 18, 2012
According to Schmaltz, Dillon's actions were prompted by his belief that the worker and another restaurant employee had mistreated his daughter.
No one was hurt in the fire and the cost of the damage is unknown.
Before making her decision Schmaltz reviewed the pre-sentence report. The most alarming part of the document, she said, was Dillon's answer to a question about whether he was a leader or a follower. Dillon characterized himself as a rebel willing to defend those who have been wronged.
But he's only making matters worse, Schmaltz said.
"Being a good rebel isn't taking the law into your own hands," she told him. "Thank goodness the fire you started was stopped."
Schmaltz decided to suspend sentence against Dillon for three years. As a result he was given 240 hours community service and three years probation.
If he is convicted of any other offence in that time, the Crown can bring the charges back to court and ask that he be sentenced.
The maximum punishment for intentionally setting fire to a property without regard for human life is life in prison.
