Iqaluit Smirnoff party stabber offers yet another version of brawl story

Iqaluit resident Jayko Kilabuk got to tell the court his version of events Nov. 30 at his trial for aggravated assault, but the story differed significantly from what he’s said in the past about the events of March 26, 2010, the night he stabbed a guest at a vodka party.

In testimony often peppered with profanity, Kilabuk said he feared for his life as Jason Kipanik repeatedly punched him in the head and choked him as the two tussled on Kilabuk’s living room floor.

“I just thought he would fucking flatten my head, I don’t know,” said Kilabuk. “He was pounding on me for a while.”

Kipanik’s attack was unprovoked, according to Kilabuk, and arose from Kipanik’s distaste for Kilabuk’s history of violence toward his wife, Napatchie Lyta.

Kilabuk, Kipanik and their partners were drinking at Kilabuk’s house after being cut off from the bar at the Nova Inn.

“He started calling me a woman-beater and I stood up to him and asked him to leave,” Kilabuk told the court, clarifying that he meant he “stood up” to Kipanik figuratively, while remaining seated on his couch.

Kilabuk said that he can’t remember what happened after Kipanik kicked and punched him, but said he woke up on the floor with Kipanik on top of him and still punching him in the head.

“I just remember yelling for help, for somebody to call the police,” Kilabuk said.

Kilabuk’s next memory was of waking in Kipanik’s choke-hold.

“I tried to crawl away from him, and he just wouldn’t get off,” he said.

In desperation he crawled to his nearby work bag as Kipanik continued his assault, pulled a knife from the bag and defended himself with it, Kilabuk told the court.

Kilabuk said he stabbed Kipanik in an attempt to make him back off, then threw the knife away as he saw Kipanik start shaking from the symptoms of shock and blood loss.

But the struggle continued for another 10 minutes or so until police arrived and peeled the two men apart.

Kipanik had to be medevaced to Ottawa treat a near-fatal abdominal wound and a long facial slash that left a scar.

Kilabuk needed medical attention at Qikiqtani General Hospital for swelling on the right side of his face.

Kilabuk’s court testimony differed somewhat from the story he told police March 27, told while he was still hung over and battered from the events of the night before.

A video of Kilabuk’s statement, shown at his trial in late October, showed him telling police that Kipanik produced the knife, and that Kilabuk disarmed Kipanik and injured him accidentally with it while the two of them grappled.

But after more than an hour’s questioning Kilabuk told police he made the story up because he couldn’t remember what happened.

Under cross-examination from Crown prosecutor Suzanne Boucher, Kilabuk said he caved in to police pressure and told them what he thought they wanted to hear so he could get out of RCMP cells and into remand at BCC.

“I showed him how everything happened and he told me ‘No, this is what happened,’” Kilabuk said. “‘This is my scenario. This is what happened,’ and he wouldn’t take any other story.”

The trial wrapped up Nov. 30 with closing arguments from the Crown and defence.

Kilabuk’s lawyer, Andrew Mahar, said it was self-defence because the two didn’t really know each other and Kilabuk didn’t know if Kipanik would beat him to death.

With all the eyewitnesses drunk to the point of blackout, the uncertainty over events works to Kilabuk’s advantage because like anyone on trial Kilabuk must be acquitted if there’s reasonable doubt as to his guilt, Mahar said.

Mahar argued the only sober testimony of that night supported Kilabuk’s claims of self-defence, because the babysitter upstairs testified she heard Kilabuk shout to “call the police” before Kipanik’s girlfriend shouted “my boyfriend’s been stabbed.”

But Boucher said Kilabuk had offered at least four different versions of his story and should not be considered a reliable witness.

Justice Robert Kilpatrick said he will review trial transcripts and evidence and consider his verdict over Christmas.

Kilabuk’s next court date is Jan. 11, 2011, but Kilpatrick said he might release a judgment before then.