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Teenager accused of murder released
$5,000 bail and strict conditions for youth to follow while she awaits trial

Daniel Campbell
Northern News Services
Published Friday, September 20, 2013

SOMBA K'E/YELLOWKNIFE
A judge released a 17-year-old female youth charged with second degree murder on Wednesday, giving her strict conditions to follow.

Judge Garth Malakoe set out 20 conditions for the teenager to follow during her release, including $5,000 bail to be paid if she breaks any of them. The father of the accused pledged to ensure she follows her conditions.

The youth is facing one charge of second degree murder in relation to the stabbing death of a 21-year-old man at a residence in Ndilo last weekend. Police have refused to release the name of the victim. A local media outlet has identified him as Daniel Faine.

RCMP were called to the scene shortly after 8 a.m. on Sept. 14.

The victim was transported to Stanton Territorial Hospital and declared dead.

Family members and supporters of the accused packed the gallery of the Youth Justice Court on Monday, Tuesday and Wednesday mornings for her appearances. Some were forced to wait outside the courtroom as there was not enough seating.

Supporters embraced each other after hearing of the judge's decision to grant bail.

The accused, who cannot be named under the Youth Criminal Justice Act, is required, among other things, to report to RCMP regularly, submit to drug and alcohol testing on demand, not consume any alcohol or illegal drugs, surrender her passport and have no contact with a number of witnesses involved in the investigation.

The accused is under house arrest, although she is permitted to attend school full time, work at her part-time job and attend any counselling she needs.

Malakoe set the youth's next court appearance for Oct. 28, when her defence lawyer, Nikolaus Homberg, will declare whether his client intends to proceed with trial by judge or by judge and jury.

After the youth's bail was set on Wednesday, Crown prosecutor Brad Demone filed an application to try the accused as an adult.

Recent changes to the Youth Criminal Justice Act allow prosecutors to seek adult sentences for youth aged 14 and older if they're charged with murder, attempted murder, manslaughter or aggravated sexual assault.

The changes came into force on Oct. 23, 2012.

This means the accused, if convicted, could face a prison sentence of at least seven years before she is eligible for parole.

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