Whitehorse Daily Star

MLA found guilty of indecent assaults

Haakon Arntzen, the independent MLA for Copperbelt, was found guilty of three counts of indecent assault on Friday afternoon.

By Whitehorse Star on May 16, 2005

Haakon Arntzen, the independent MLA for Copperbelt, was found guilty of three counts of indecent assault on Friday afternoon.

The assaults on two girls occurred between 1972 and 1980 in Whitehorse.

During this month's trial, one woman testified that, over the years, Arntzen would grind his groin into her or French-kiss her when he got the opportunity. At other times, she woke up to find Arntzen on top of her, she told Yukon Supreme Court.

Another assault happened when the two complainants were sleeping in a room together.

Arntzen came in and touched the second girl's breasts, court was told. She pretended to be asleep as Arntzen moved his hands down her stomach and onto the waistband of the woman's underwear.

The other girl woke up and told Arntzen to 'f--- off.'

The identities of the two female complainants are protected by a publication ban.

Arntzen, 58, had no comment for reporters as he left the packed court on Friday afternoon. His lawyer, Ed Horembala, also had no comment.

During the trial, Arntzen denied the women's allegations while under oath.

Justice Leigh Gower described Arntzen's testimony as unreliable.

Gower said the statement Arntzen gave to the RCMP was inconsistent with the testimony he gave during the trial. The judge said it seemed as though Arntzen tailored his evidence to detract from the girls' credibility.

Gower said Arntzen's absolute denial was one of the reasons his testimony couldn't be believed.

He denied being with the girls at certain times, even though, Gower pointed out, Arntzen could have been with them for innocent reasons.

Arntzen said he believed the women's allegations stemmed from a third woman's want to get back at him in some way for previous events.

The third woman testified at the trial, and Gower said if she was truly out to get Arntzen, her testimony would have seemed embellished.

'It did not appear to have any bias,' said Gower.

During the trial, the defence tried to discredit one of the victims after she said her memories of the assault were stored in her body, referring specifically to her pancreas and groin area.

Horembala said all evidence must come from the brain.

Gower said memory is a complex phenomenon, and that body memory is not unusual. He said such memory is often used in martial arts and dancing.

The judge said body memory does come from the brain, as it is the brain that has to interpret such memory signals.

As the decision was handed down, Arntzen looked down at his folded hands in front of him, rubbing a trembling thumb against his palm.

The two complainants dabbed at their eyes with tissues.

Outside the courtroom, after Gower had given his decision, the women hugged family members. Both women declined to comment.

Arntzen will be sentenced June 27.

Crown prosecutor John Phelps said he doesn't know yet what sort of sentence Arntzen will receive.

There was some suggestion that the first-term MLA will serve a community sentence rather than do jail time, but a pre-sentence report needs to be prepared to determine his suitability for such a sentence.

The MLA was found not guilty of a fourth offence. It was alleged he assaulted one of the girls when she was nine years old in the basement during a party.

Gower noted it was unlikely Arntzen would have assaulted the girl then because of the likelihood of being caught by another adult.

Gower said it was more likely that the child was sleepwalking and may not have accurately remembered that incident.

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