No prosecution for lying witness
Police say testimony in Ndilo murder trial doesn't meet threshold of intending to 'mislead'
Shane Magee
Northern News Services
Friday, November 11, 2016
SOMBA K'E/YELLOWKNIFE
A key witness at a murder trial this summer won't be prosecuted for lying during her testimony in court.
The woman admitted to lying under oath in August during the trial of a young woman charged with second degree murder in connection with the death of Daniel Faine on Sept. 14, 2013. The accused cannot be named as she was 17 at the time of the incident and charged as a youth.
NWT Supreme Court Justice Karan Shaner threw out the witness's testimony in part because of the admitted lies and other questionable statements the judge said had "no ring of truth." Without definitive evidence about who stabbed Faine and with the witness testimony tossed, the accused was acquitted.
RCMP told Yellowknifer in a statement this week that no investigation took place.
"RCMP did not open an investigation on the witness involved in the trial," wrote RCMP spokesperson Marie York-Condon in an e-mail to Yellowknifer on Tuesday.
"The alleged contradictory evidence did not meet the threshold of 'intended to mislead.'"
Under the Criminal Code of Canada, people who offer testimony that differs from statements provided earlier can be found guilty of an indictable offence and liable to prison time of up to 14 years. However, the Code states the court must determine the accused had intended to mislead.
The police statement comes after the Crown prosecutor in the murder trial, Alex Godfrey, said it would be up to RCMP to open an investigation and lay a charge before the Crown would decide whether to prosecute the charge.
The Crown's key witness at the trial was Faine's then girlfriend, who Yellowknifer is not naming for legal reasons. The female witness, the woman on trial and Faine were the only conscious people in the room when the 21-year-old was fatally stabbed.
The witness was caught lying about whether Faine had ever hit her. She also testified the two weren't arguing the night of his death, despite conflicting testimony from others who were nearby. The admission came as the defence lawyer for the accused, Steven Fix, tried to raise doubts about who stabbed Faine.
"Have you ever lied to police?" Fix asked during the August trial.
"Yes," she said.
"Did you lie today?"
"Just that once," she said, referring to the issue of whether Faine had ever hit her. Later, the lawyer asked why her testimony should be believed given she lied and the other issues he had raised.
"Because I'm telling the truth," she said.
"Except for the parts where you lied," Fix said before sitting down, ending his cross examination.
The Crown then asked why she lied.
"I don't know," the witness said.
