The chair of the Yukon's lone independent MLA was filled for the first time this afternoon.

Copperbelt MLA Haakon (Hokey) Arntzen made his first appearance in the legislature since he was charged by RCMP on April 23 with four counts of indecent assault on a female and one charge of assault.

Arntzen became an independent member on April 28 when he announced his resignation from the Yukon Party caucus through Premier Dennis Fentie.

The MLA for the southwestern end of Whitehorse then informed the Speaker he was on medical leave until further notice.

With a press release sent out this morning, Arntzen indicated the further notice had arrived.

'I will be returning to work on Monday, May 17, 2004 and will represent the electoral district of Copperbelt and its constituents,' Arntzen wrote in his statement.

'I will be sitting as an independent member in the Yukon Legislative Assembly until such time as the legal proceedings that I am currently involved in have been concluded.'

He returns with just two days remaining in the legislative assembly session.

Arntzen's chair was moved from its location on the Yukon Party backbenches next to Energy, Mines and Resources Minister Archie Lang to the traditional spot for independents, right behind Liberal Leader Pat Duncan.

The member could also get to ask a question of his former colleagues. His position on the lineup of questions is seventh.

The NDP's question slots are one, two, four, five, six and eight. Duncan's question positions are three and nine. The NDP gets more questions because it has five members while there is one Liberal and one independent.

On Friday afternoon, Arntzen's lawyer, Ed Horembala, appeared in court representing the MLA. Horembala informed the court Arntzen, who pleaded not guilty to the five charges, will be tried by judge only.