Court: Iqaluit pellet gun shooting was self-defence
Woman shot during second phase of drunken brawl
An Iqaluit woman accused of shooting another Iqaluit woman in the face with a pellet gun acted in self-defence and is not guilty, Justice Earl Johnson ruled in a written judgment dated Dec. 16, 2011 and published Jan. 9, 2012.
Eeta Inookie of Iqaluit faced charges of assault with a weapon and possession of a weapon with intent to commit an offence, laid after she used a pellet gun to shoot Mary Laisa of Iqaluit in the face Oct. 18, 2010 on a road near the Navigator Inn.
Earlier that evening, the two women, each of whom were drinking heavily at the Nova earlier, brawled in front of the Navigator Inn after a shouting match fueled by alcohol and sexual jealousy.
Laisa, in the presence of Inookie’s boyfriend, Serge Marleau, had accused Inookie of having sex with an “old man” they had met at the Nova.
“How was that old man? How was that old dick, you bitch, you whore?” Laisa is quoted as saying in Johnson’s judgment.
Inookie then pushed Laisa in the back. Laisa turned around, pulled Inookie to the ground and pummelled her with her fists, punching her at least 10 times.
“Her [Laisa’s] words provoked the accused to push her and then she responded with much greater aggression leading to a full-blown street fight where her superior fighting skills prevailed,” Johnson found in his judgment.
After that, Inookie walked home. She asked Marleau to come with her, but he stayed at the bar.
Inookie, worried Marleau might spend the night with Laisa, returned to the Navigator Inn to get him.
On her way out, she picked up a pellet gun. She said in her evidence that she didn’t know how to use it and didn’t know it was loaded.
Johnson found in his judgment that Inookie, concerned she might run into Laisa again, carried the pellet gun to defend herself.
“I accept the accused’s evidence that when she left her residence she had no intention of using the pellet gun to harm any one,” Johnson said.
When Inookie got close to the Navigator, Laisa, who was standing outside, approached Inookie and started taunting her, inviting her to another fight.
Johnson found Inookie tried to avoid a fight, but fired two pellets into Laisa’s face after her assailant took a swing at her.
“I am satisfied that the accused reasonably believed she was about to be assaulted again and was justified in repelling the apprehended assault by responding with force,” Johnson said.
He also found her not guilty on the weapon possession charge, saying Inookie did not intend to harm anyone when she carried the pellet gun to the Navigator.
In assessing the evidence given by Inookie and Laisa at a trial held Nov. 22 and Nov. 23, 2011 in Iqaluit, Johnson found the accused was a more credible witness than the complainant.
“The complainant [Laisa] was uncooperative, evasive and aggressive in response to the cross-examination and did not return after an adjournment,” Johnson said.
He also noted Laisa has 17 criminal convictions, including a conviction for assault dating to March 21, 2011.
“She struck me as being street tough consistent with her record. She was likely comfortable using force when angered, particularly under the influence of alcohol,” Johnson said.
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