Arctic “Cowboy” guilty of torching Iqaluit apartment

KIRSTEN MURPHY

Mosesee Nowdluk’s search for vengeance over a stolen bottle of liquor ended Oct. 17, when a 12-person jury convicted him of arson and assault, following a four-day trial in Iqaluit.

On May 4, 2001, a fire destroyed apartment 307A in Iqaluit. No one was injured. Nowdluk, 37, was later charged with one count of arson and one count of assault.

During his trial, six witnesses described the incident, which began after Nowdluk traded various pieces of stolen property for four bottles of liquor.

Nowdluk — known as “Cowboy” to friends — exchanged a camera, a computer and carvings stolen from Arctic College for four 40-ounce bottles of liquor while visiting Charlie Jonah’s apartment.

RCMP officers later seized the stolen goods. Nowdluk has pleaded guilty to break and enter and possessing stolen property in connection with the bartered items, and awaits sentencing on those matters.

Haiga Ashoona said in court that she was in apartment 307A on May 4 for a drink and to use the phone.

By the time the third bottle was opened, she said, Nowdluk was growing restless. She said he demanded money, but she refused. She said Nowdluk became angry and struck her in the head with his hand. Ashoona said she retreated to the bathroom and then locked the door.

Defence lawyer Euan Mackay suggested that Nowdluk hit Ashoona while intervening in a dispute between Ashoona and another woman, Daisy Curley.

But both women testified Nowdluk was the aggressor, and the jury subsequently found him guilty of assault.

Ashoona and Curley each testified that when Nowdluk couldn’t find his last bottle of liquor, he grew enraged.

By this time, the apartment was empty except for Nowdluk, Curley, Ashoona, and a man who was not named in court.

When Ashoona emerged from the bathroom, she heard Nowdluk threatening to commit arson.

“[Nowdluk] said he was going to set fire to the building,” Ashoona testified.

At first, Ashoona told police that the unnamed man made the threat.

But under oath she said Nowdluk made the threat, later explaining that when she talked to the police she made the false statement because she was hungover, and wanted to distance herself from the fire.

When she heard the threat, Ashoona ran to a neighbouring apartment to warn the residents. She returned to collect one of her shoes and left again when she saw flames.

Throughout the trial, Crown prosecutor Christine Gagnon portrayed Nowdluk as a “reckless” man, more concerned about a bottle of booze than human life.

Gagnon said the fire was “an act of vengeance and intimidation.”

“He didn’t care about anything or anyone,” Gagnon said.

Nowdluk did not testify.

Mackay hoped jurors would focus on two main areas: Ashoona’s inconsistent testimony, and why neither of the Jonah brothers was called to testify.

“This is a jigsaw puzzle without all the pieces,” Mackay said. “Maybe someone passed out with a lit cigarette. Maybe it was the unknown person.”

However, Justice Robert Kilpatrick instructed the jury to dismiss Mackay’s theory. “There is no evidence to suggest someone passed out with a burning cigarette,” Kilpatrick said.

Neville Wheaton, Iqaluit’s former fire chief, and Cpl. Harry Harding, V Division’s former forensic specialist, were sworn in as expert witnesses and testified that the fire was deliberately set.

Sentencing is set for Oct. 24.

Mackay said he plans to appeal the verdict.