Nunavut court hearing adjourns again

Citing a lack of security March 28, Justice Andrew Mahar decides to adjourn the hearing into the death of Donald James (D.J.) Gamble until April 2. (FILE PHOTO)

D. John Gamble, Angela Anawak-Gamble, Susan Swartz and Annie Curley were at the Nunavut Court of Justice again March 28, at 9 a.m., for the continuation of the preliminary hearing into manslaughter charges against Colin Makpah of Rankin Inlet.

Makpah, 27, is charged in the death of their family member, Donald James (D.J.) Gamble, who died after a late-night altercation in Rankin Inlet in August 2010.

As the four waited on the first floor of the justice centre, Makpah, dressed in a gold and black parka, walked past them, with another young man, to head by elevator to the second floor courtroom.

Asked if it bothered them to see the man accused in the death of their son and nephew at such close range, John Gamble and Swartz said no.

Swartz said they had flown to Iqaluit on the same airplane as Makpah, with only seven other passengers, and no guard present.

“We used to seeing him,” she said.

Gamble said he wouldn’t confront Makpah in or out of the courtroom because he and his family members don’t want to risk getting thrown out of the preliminary hearing.

In the courtroom, they have been following the testimony while holding photos of D.J. saying “D.J. we love you.”

But the lack of security on March 28, which later saw Makpah and the deceased Gamble’s family waiting together outside the courtroom to pass through security, was too much for the presiding judge Andrew Mahar.

Citing a lack of security, Mahar adjourned the hearing until April 2.

That’s the second time the hearing was been adjourned due to security shortfalls.

On the morning of March 26, Justice Robert Kilpatrick, the senior judge of the Nunavut court, halted proceedings on the grounds that security was inadequate.

“The courtroom, of course, is often a difficult and a volatile environment. This is particularly true in proceedings involving homicides where the family of the deceased can be expected to attend,” Kilpatrick said.

The judge said the government has a constitutional obligation to ensure Nunavut’s only trial court gets sufficient resources.

Kilpatrick also said the lack of adequate courtroom security poses an occupational hazard to “all justice system participants and court personnel.”

And he said “no other court in the country is required to sit without an adequate level of protection…”

Kilpatrick said the RCMP does not have the resources to provide security at the Makpah proceeding and that they’re not legally obliged to do so.

He said in court that in November 2010, the GN “was put on notice by the Senior Judge [Kilpatrick] that the situation was urgent and change was needed.”

But nothing, so far, has been done, he said.

On the morning of March 27, and again on March 28, there a court order signed by Mahar, who took over the hearing, was pasted to the door of Courtroom Three.

This said “to better safeguard public safety and good order during this proceeding, this court does order and direct that all members of the public seeking to enter this courtroom be subject to search by the sheriff or by peace officers under his direction.”

The court would take the security issue “day by day,” Mahar said in his opening remarks on March 27.

On March 28, he said that two trained, armed guards should be on hand during the proceedings and that the level of security was inadequate.

The GN Department of Justice has yet to respond to a request for an interview with a department spokesperson.