Oromocto First Nation chief misses court date on charge of break and enter, assault

The chief of Oromocto First Nation was absent Wednesday for her first court appearance on the accusation she broke into a home and assaulted a man in the community back in April.

Shelley Sabattis was unable to attend Fredericton provincial court because she had a surgery scheduled for the same day, said Adrian Forsythe, acting as agent for her lawyer, Alex Pate.

Sabattis is one of nine people, including her son, Allan Sabattis-Atwin, charged on four separate counts related to an incident in Oromocto First Nation, also known as Welamukotuk, on April 29.

A charge sheet filed by the RCMP on July 26 alleges Sabattis, Nikia Sabattis, Aubrey Landry, Desirae Stevens, Drae Stevens, Joel Berrios, Shawn Sabattis-Atwin and Allan Sabattis-Atwin broke into a home on Wolastoq Court and assaulted Anthony O'Blenis, causing bodily harm.

A second count alleges the same eight people broke into the same home and assaulted Sonya Atwin.

A third count alleges Steven Sabattis, Shawn Sabattis-Atwin and Aubrey Landry assaulted Anthony O'Blenis, and a fourth count alleges Shelley Sabattis obstructed Const. Raphaël Paquet in the execution of his duty.

On Wednesday, Judge Mélanie Poirier Leblanc also announced that an additional charge had been filed Tuesday against Shelley Sabattis under Section 139, subsection 3a, of the Criminal Code of Canada.

Poirier Leblanc did not state what the count says, but the charge is reserved for those accused of attempting to obstruct the course of justice by dissuading or attempting to dissuade a person from giving evidence by using threats or bribes.

Shelley Sabattis was the only accused person who failed to show up, with Forsythe telling Poirier Leblanc that Pate was trying to become designated to appear on her behalf, but was unable to do so in time for her appearance.

Allan Sabattis-Atwin was the only other accused person who has already secured a lawyer, with Sabrina Winters appearing on his behalf.

She said she was still waiting to receive the disclosure package from the Crown containing evidence relevant to the case.

Getting counsel for all will be challenge, lawyer says

The other seven accused were represented by duty counsel Melinda Ponting-Moore, who warned the court that it could be a lengthy process of finding lawyers to represent each of the individuals.

"I've talked to a number of folks who have tried to get private counsel. That has been extremely challenging, just in terms of the number of folks and the issue of conflict," Ponting-Moore said.

Poirier Leblanc agreed to adjourn the case until Oct. 15 to allow for lawyers to be obtained and given disclosure.

The judge also agreed to have an arrest warrant held on file for Shelley Sabattis, in the event she fails to show up for that appearance.