Convicted of killing officer, Kimmirut man makes ‘faint hope’ case for early parole

Through his lawyer, a Kimmirut man who has spent 17 years behind bars after killing an RCMP officer is asking a jury to allow him to seek early parole.

A court hearing opened in Kimmirut Monday, where a jury will decide whether Pingoatuk Kolola should be allowed to apply for early parole under what was known as the “faint hope” clause of Canada’s Criminal Code.

In 2007, Const. Douglas Scott, 20, responded to a complaint about a suspected drunk driver in the hamlet.

That night, Scott also encountered Kolola.

Kolola was charged in the shooting death of Scott. He was ultimately convicted of first-degree murder in 2010 and sentenced to life in prison with no possibility of parole for 25 years.

Under Canada’s “faint hope” clause — which was repealed in 2011 — anyone sentenced to prison without the possibility of parole for more than 15 years could seek early parole after serving at least 15 years of the sentence.

But because Kolola was convicted while the faint hope clause was still in effect, he’s eligible to seek early parole.

“What happened was tragic and terrible, and things like that should not happen,” defence lawyer Lauren Shadley said in court Monday about the death of the police officer.

However, she noted, the decision jurors face is not about what happened 17 years ago, but about who Kolola is now.

“What you don’t have the information about is the last 17 years,” she said.

Shadley said, “We are confident that, at the end of everything that you hear, at the end of your deliberations, you will come back and you will give him the opportunity to go before the parole board.”

Crown lawyer Trisha McCarthy said, “the seriousness of this particular crime is the reason why there is a starting point for parole eligibility of 25 years.”

Justice Susan Charlesworth told jurors the question they face is not about Kolola’s guilt or innocence — that was already decided.

The question they need to answer, the judge said, is whether Kolola is deserving now of being given the chance to apply to the Parole Board of Canada for early release from his sentence.

On Monday, retired special constable Sandy Akavak testified he has known Kolola his entire life and that Kolola has made great progress while in prison.

The hearing continues Tuesday.