Crown prosecutors have dropped the sexual assault charge against the former deputy chief of the Champagne-Aishihik First Nation.

Court documents show that in a letter dated Nov. 30, Crown prosecutor Mike Cozens directed a stay of proceedings on the charge laid against Gerald Brown, 55.

The letter points to a section of the federal Criminal Code which permits the Crown to stay charges before they go to trial.

'Upon reviewing the evidence and additional forensic evidence, we didn't think there (could be a conviction),' Cozens explained in an interview this morning.

The Crown had received DNA evidence that caused it to look at the case again and find there wouldn't likely be a prosecution.

When that happens, Cozens said, the Crown is obliged to order a stay of proceedings.

Brown had been charged with sexually assaulting a woman in Whitehorse in June 2005.

After a preliminary hearing, it was determined in December 2005 that Brown would go to trial. He had opted to having it heard in Yukon Supreme Court by a judge alone rather than by a jury.

The trial was originally set to go ahead last May. The date was pushed forward numerous times, however, as issues such as Brown seeking a lawyer arose.

One of the most recent delays came from the Crown in October, when it was still waiting for DNA evidence to come in. The trial had then been set for Oct. 12.

Brown stepped down from his position with the first nation after the charge was laid in July 2005.