Court orders new trial in Arvaluk battering case

KIRSTEN MURPHY

Nine months after Justice Howard Irving acquitted Nanulik MLA James Arvaluk of assault causing bodily harm against his former girlfriend, a Nunavut Court of Appeal on March 6 overturned the not-guilty verdict and ordered a new trial.

The decision came 24 hours after appeal court judge Justice John Edward Richard heard the Crown’s arguments for new trial. A new trial date has yet to be set.

Justice Richard said Irving made errors in fact and law when handing down his not guilty verdict on June 20.

A smiling Bruce Coates, Crown prosecutor, left the Iqaluit courthouse with a copy of Richard’s reasons for judgment on March 6.

“We’re very happy,” Coates said.

Coates began his 40-minute submission before Richard by reintroducing photographs from the trial. The photos showed the complainant, Sophie Sangoya, and her battered face and mouth.

Coates pointed to Arvaluk’s lack of injuries — other than a bite to his shin — as evidence Arvaluk had the upper hand during the Aug. 26, 2000 incident in Coral Harbour.

“If this was a mutually consensual brawl, one would expect similar bruising and scratching to the respondent, but there weren’t any,” Coates said.

The trial transcript shows that the dispute between Arvaluk and Sangoya started at 4 a.m. after a night of drinking and card playing. Arvaluk wanted to sleep, but Sangoya wanted to talk about their relationship.

A fight ensued and Sangoya received several blows to the head and mouth. Arvaluk’s twin boys were in the house at the time.

In his ruling, Irving called the fight between Arvaluk and Sangoya a drunken, “mutually, consensual” brawl.

“Was this a case of domestic violence against a woman? I’m not persuaded that it was,” Irving said in his reasons for judgment.

During the appeal hearing, Coates challenged the defence’s trial argument that Arvaluk hit Sangoya in self-defence.

On several occasions, Coates said Irving failed to take note of the two very different testimonies Arvaluk and Sangoya provided for the court.

“Had the trial judge explained the inconsistencies in evidence, perhaps we would not be here today… You have to question his [Irving’s] ability to assess the evidence,” Coates said.

Arvaluk’s lawyer, Peter Fuglsang, said Irving ruled on a “simple” case and Irving made no error in law when handing down his judgment.

“It’s clear after accepting certain parts of evidence, he [Irving] arrived at a reasonable doubt,” Fuglsang said when concluding his five-minute submission.

Arvaluk appeared in court on March 5 alone. After the brief proceeding, he spoke with his lawyer and slipped out the courthouse’s front door.

Arvaluk was Nunavut’s minister of education until his arrest in Coral Harbour almost 2 years ago. He remains the MLA for Coral Harbour and Chesterfield Inlet.

Sangoya, who was recently living in Ottawa, did not appear in court.