N.W.T. MLA found not guilty of sexual assault
CBC News | Posted: January 20, 2010 4:48 PM | Last Updated: January 21, 2010
Northwest Territories MLA Norman Yakeleya has been found not guilty of sexual assault in connection with an alleged incident involving a teenage girl.
Alberta Court of Queen's Bench Justice Adam Germain delivered the verdict Wednesday morning in Norman Wells, N.W.T., where Yakeleya's trial had been underway since Monday.
The Sahtu MLA was charged with sexual assault in connection to an alleged incident dating back to March 2007 in Tulita, N.W.T.
The complainant's identity is protected by a publication ban because she was 13 years old at the time of the alleged incident.
Time to heal: MLA
Yakeleya's wife and family shared hugs and tears when the verdict was delivered.
No one was present from the complainant's side for the verdict, as the girl and her family left Norman Wells after their testimony wrapped up on Tuesday.
Yakeleya told CBC News outside court that it's now time for both his family and the complainant's family to heal.
"There was an emotional release because it's finally over," he said. "I can be with them and not have this issue over my head and the family."
During the trial, the girl testified that Yakeleya had climbed into her bed and touched her between her legs.
But on the stand Tuesday, Yakeleya denied ever entering the bedroom where the girl was sleeping.
Yakeleya testified that he did have an argument with the girl earlier that evening because she was not supposed to be at the house where she was staying.
After the dispute ended, Yakeleya said the girl gave him a hug that he said made him feel uncomfortable.
The girl testified that she did not remember that argument.
Memory gaps cited
In closing arguments, Yakeleya's lawyer said the girl changed her story and has conspicuous gaps in her memory.
But the Crown argued such gaps should not be unusual for someone who has experienced a traumatic incident.
In delivering his verdict, Germain told the court that in cases where one person's word is against another's, the court's decision becomes a question of credibility.
Yakeleya's testimony created reasonable doubt about the assault, and the Crown did not prove Yakeleya's guilt, the judge said.
Germain also noted inconsistencies in the girl's version of events, although he added that it's understandable for someone — especially a child or youth who has endured trauma — to have some confusion about details.
The judge concluded that only two people, Yakeleya and the girl, will ever know for sure what happened that night in 2007.