Third spousal assault, CamBay man avoids jail

Defence and Crown agree on counselling, treatment, conditional sentence

By NUNATSIAQ NEWS

SARA MINOGUE

CAMBRIDGE BAY — A Cambridge Bay man received swift justice on Tuesday when Justice Earl Johnson handed him a 12-month conditional sentence for violently assaulting his common-law spouse early Sunday morning.

Glen Epilon, 31, was out drinking this past Saturday night with his common-law spouse of 10 years, Trisha Maghagak, when she decided to leave the party early. Maghagak went home, locked the door and was in bed when Epilon came home at 6:30 a.m.

He broke down the door, came into the bedroom, said: “Take this for leaving me there,” and started beating Maghagak with his fists. She later estimated she got 30 blows in about 25 minutes, the Crown prosecutor in the case, Bonnie Tulloch, said in her submission.

Maghagak waited for Epilon to fall asleep before she sneaked out and called the police from a neighbour’s house.

Epilon couldn’t recall this turn of events, his lawyer said, but he accepted the facts and pleaded guilty in front of a small audience in a makeshift court-room in the Cambridge Bay community hall.

Before proceeding with her sentencing recommendations, Tulloch presented several photos to the judge and two elders presiding over the case. The pictures showed her client just after the beating took place.

Tulloch then noted Epilon’s lengthy criminal record, which includes 19 charges between 1989 and 1997, mainly involving property crime and breach of probation. More aggravating in this case were two recent convictions involving the same victim. In 2001, Epilon served time for assault and assault with a weapon — a two-by-four.

The weekend attack was “brutal and senseless,” Tulloch said, and it was aggravated — not mitigated — by alcohol.

Yet Tulloch did not suggest jail time in her sentencing recommendation, because, she said, Epilon had indicated that he wanted to seek treatment, and there is some available in Cambridge Bay.

“That’s the only reason I’m not suggesting he go right to jail and stay there,” Tulloch said.

She recommended a 12-month conditional sentence, including three months of house arrest and several conditions, including attendance at weekly Alcoholics Anonymous meetings and the weekly men’s group that deals with anger management and self-esteem at the Cambridge Bay Wellness Centre on Monday nights.

Epilon’s defense lawyer, Peter Harte, agreed with the recommendations and also suggested he attend a men’s workshop starting April 11.

“It’s important, when there are treatment options available, to take advantage of these,” Harte said, adding that it’s “the only way to guarantee the long-term safety of the community.”

Harte also pointed out that Epilon held a casual job with the Kitnuna Corporation for the past six months. He has a Grade 10 education and a long work history. He also cited Epilon’s upbringing — with parents who would binge drink “for days at a time” as a factor in his behaviour.

Standing in front of the defense table at the front of the long community hall, Epilon had nothing to add.

Two elders spoke to him before the judge issued his sentence.

“I felt very hurt when I saw the pictures,” said Bessie Omilgoetok. “Alcohol always brings problems. At the end you start to feel remorse for things you can’t remember doing.”

The judge then told Epilon that he was “very fortunate” that the Crown had taken such a reasonable view of his situation.

“Unfortunately,” the judge added, “spousal assault is extremely common in Nunavut. It comes up on every circuit.

“This is not just a law of Canada — it is also an Inuit custom to respect women.”

Epilon was released from remand and handed a 12-month conditional sentence, including three months of house arrest at his mother’s address.

He also has to perform 100 hours of community service, and write and deliver a letter of apology to Maghagak within the next two weeks. He must abstain from drinking during the sentence.

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