Whitehorse Daily Star

Ex-MLA's trial won't take place this month

Former Copperbelt MLA Haakon Arntzen won't stand trial later this month on three charges of indecent assault.

By Whitehorse Star on May 31, 2007

Former Copperbelt MLA Haakon Arntzen won't stand trial later this month on three charges of indecent assault.

The week of June 11 to 15 had been set aside in Dawson City for the Yukon Supreme Court trial.

Indecent assault is a charge under the previous Criminal Code of Canada. In the current code, it would be labelled as sexual assault.

This morning, B.C. Supreme Court Judge Kathryn Neilson approved, through a conference call, an application to adjourn the trial to a new date.

Arntzen's next court date will be July 4, when a new trial date will be set.

Crown prosecutor John Phelps noted in the Yukon courtroom where the application was heard it came to light at a recent pre-trial conference the week that had been booked would not be enough time for the hearing.

Neither the Crown nor defence lawyer Brian Beresh, who also attended by conference call, spoke on why more time is needed.

Early in the hearing, Beresh asked Neilson to place a publication ban on the evidence, given what he described has been 'negative publicity' for his client. As he noted, the case has been moved to Dawson due to the publicity around it.

He also said he didn't want a newspaper which has 'taken delight' in contributing to the publicity to publish the evidence in the interest of his client receiving a fair trial.

While Neilson suggested there should be a hearing on the proposed publication ban, Phelps said he would speak in generalities and was prepared to stay away from the details.

Beresh then opted to stay away from speaking on the application, stating he wants Arntzen, who was in the courtroom this morning, to get a fair trial.

With Phelps saying he was content with that, Neilson ordered a new date be set with July 4 in place to fix a date for trial.

This trial was ordered after Arntzen successfully won his appeal last year on the guilty verdict of three counts of indecent assault in the same case in 2005. The charges date back to the 1970s.

Arntzen resigned his seat in the legislature after he was initially convicted.

He had been elected as a Yukon Party MLA in the 2002 election, but sat independently after the first charges were laid.

In early May, Arntzen was also cleared in Northwest Territories Supreme Court of another charge of indecent assault which had been alleged to have happened in 1973 in Fort Smith, N.W.T.

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