Evidence from warrantless search admitted
Judge rules evidence seized from home of man charged with attempted murder in Deline can be used at trial despite RCMP not obtaining proper documents
John McFadden
Northern News Services
Monday, July 13, 2015
SOMBA K'E/YELLOWKNIFE
Evidence seized by RCMP during a warrantless search can be used at the trial of a Deline man, charged in February of 2013 with attempted murder.
Gary Beyonnie is shackled as he is led from the court in Yellowknife into a North Slave Correctional Centre van on July 6. Beyonnie, 40, is charged with attempted murder of a man in Deline in February of 2013. - John McFadden/NNSL photo |
That decision was handed down by Judge Shannon Smallwood in NWT supreme court on late last month.
She also ruled that a statement given by the accused, Gary Beyonnie, to RCMP can also be admitted as evidence at his trial. It is not entirely clear whether Beyonnie was under arrest when he made the statement to police.
A publication ban on the case prohibits the media from releasing exactly what Beyonnie said to police and disclosing what evidence was seized during the search of his home. Smallwood said police should have and could have obtained a search warrant but added she is still allowing the evidence seized to be used at trial because of the seriousness of the alleged crime.
Beyonnie, 40, remains in custody at the North Slave Correctional Centre. He was charged after another Deline man was seriously hurt in the community almost two and a half years ago.
Beyonnie, who has elected to be tried by a judge and jury, was held in the prisoners dock while Smallwood announced her ruling in court.
It followed a hearing in June where she heard arguments for and against admitting the evidence from Beyonnie's defence lawyer Peter Fuglsang and Crown prosecutor Jeannie Scott.
The trial could be held in either Yellowknife of Inuvik. A decision on where to hold it has yet to be made.
Included in the list of witnesses is an Edmonton neurosurgeon who treated the victim. Police have never released the extent of the victim's injuries other than to say they were serious.
They also haven't said whether a weapon was used.
According to an RCMP news release, police responded to a call to residence in Deline in the early morning hours of Feb. 1, 2013 involving a 44-year-old man who reportedly required medical attention.
He was taken to the community's medical clinic and later medevaced to Stanton Territorial Hospital.
Beyonnie was charged with one count of attempted murder and one count of aggravated assault.
His next court date is August 14 when his lawyer and the Crown are expected to discuss where the trial will be held and possible trial dates.
