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Abstract: Transcript of the Reasons for Sentence
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R. v. Beaulieu, 2009 NWTSC 48 S-1-CR2008000070 IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES IN THE MATTER OF: HER MAJESTY THE QUEEN - vs. - GERALD BEAULIEU _________________________________________________________ Transcript of the Reasons for Sentence by The Honourable Justice L. A. Charbonneau, at Yellowknife in the Northwest Territories, on June 26th A.D., 2009. _________________________________________________________ APPEARANCES: Ms. T. Nguyen: Counsel for the Crown Mr. S. Fix: Counsel for the Accused ---------------------------------------- Charge under s. 271 Criminal Code of Canada An order has been made banning publication of the identity of the Complainant/Witness pursuant to Section 486.4 of the Criminal Code of Canada Official Court Reporters 1 THE COURT: Yesterday, Mr. Beaulieu 2 pleaded guilty to a charge of sexual assault that 3 occurred on May 2nd, 2008 and these are my 4 reasons for sentence on this charge. Before I 5 begin I want to reiterate that yesterday I issued 6 an order prohibiting the publication or broadcast 7 of any information that could identify the 8 complainant in this matter. 9 The facts that I heard yesterday are that 10 the complainant was 69 years old when this 11 incident happened. She lived in a house with two 12 of her children and one adult who was a relative 13 of the accused. She had agreed to let the 14 accused stay in her house because there was 15 nowhere else for him to stay at the time. 16 On the day this happened, the complainant, 17 the accused, and two other people were at the 18 house and consumed considerable amounts of 19 alcohol. The complainant fell asleep on the bed 20 where she ordinarily slept and sometime later the 21 accused went to her bed, took her pants and 22 underwear down, and touched her in her genital 23 area. She woke up while he was touching her, 24 screamed, told him to stop, and called for help. 25 One of the other adults in the residence came, 26 pulled the accused off the bed and threw him out 27 of the house. The police were called and the Official Court Reporters 1 1 matter was reported. The accused was charged and 2 detained on this charge. He has been in custody 3 since then, so he has spent some 14 months on 4 remand. 5 The accused has an extensive criminal record 6 that includes convictions for a variety of 7 offences. The first entries are in 1977 and, 8 sadly, continue on fairly steadily over the 9 following 30 years. There are convictions for 10 property offences, crimes against people, 11 breaches of court orders. The sentences imposed 12 include fines, probation, jail terms of varying 13 lengths. The convictions most relevant to this 14 matter are the last entries because they are for 15 sexual offences. There are convictions for two 16 counts of sexual assault in February 2007 and one 17 conviction on May 27th, 2008 for an offence of 18 indecent assault which was committed in 1975 when 19 the accused was still a youth. 20 It is important for the purposes of the 21 record to clarify something about the document 22 that was filed by the Crown as Exhibit 2 on the 23 sentencing hearing, that document having been 24 filed as the accused's criminal record. 25 The document is not complete because it does 26 not include the May 27th conviction for indecent 27 assault. It is also somewhat misleading or, at Official Court Reporters 2 1 least confusing, about the nature of the sentence 2 that was imposed in February 2007. On its face, 3 it suggests that the accused received a jail term 4 of three years on that date which of course 5 raises questions about how he could have been at 6 large in May of 2008. But when I inquired about 7 this yesterday, I was advised that in fact he had 8 been remand for some time before he was sentenced 9 in February of 2007 so what he was sentenced to 10 that day was 14 months in jail, having been given 11 credit for 22 months because of his remand time. 12 And this of course explains why he was at large 13 in May 2008. 14 In deciding what a fit sentence is for this 15 offence I must, as in all cases, consider the 16 sentencing principles that are set out in the 17 Criminal Code, the circumstances of the offence, 18 and the accused's personal circumstances and 19 background including his aboriginal background 20 and any particular systemic problems that he 21 faced which contributed to his coming into 22 conflict with the law. And in this case, I must 23 also give serious consideration to the fact that 24 counsel have presented me with a joint 25 submission. 26 They jointly submit that I should not impose 27 any further jail term on the accused because of Official Court Reporters 3 1 the time that he has already spent on remand. 2 They suggest that that time amounts to a fit 3 sentence for this offence when the usual credit 4 is given to him for the remand time. 5 The type of crime that the accused committed 6 in May 2008 is, sadly, a very prevalent crime in 7 this jurisdiction. This Court has to deal with 8 sentencings on cases of this sort at a frequency 9 that is disturbing. These types of offences, and 10 by this I mean taking advantage sexually of a 11 person who is sleeping, are so prevalent in this 12 jurisdiction that the phenomenon has been labeled 13 by some as a veritable epidemic. Because of 14 this, Courts emphasize the principles of general 15 deterrence and denunciation when dealing with 16 these cases. 17 In this case, it is apparent that personal 18 deterrence is also an important factor because 19 the accused's conduct on this occasion shows that 20 his previous convictions and sentences for 21 similar offences did not deter him from acting in 22 this way again. I am told that he was released 23 from the sentence imposed in February 2007 on 24 December 6th, 2007. So he served ten months of 25 that 14 month sentence and he had been at large 26 for less than five months when he committed this 27 sexual assault. Official Court Reporters 4 1 I must in this case, as I would in any 2 other, take into account aggravating factors and 3 mitigating factors that are present. 4 Dealing first with the aggravating factors, 5 I agree with the Crown that it is aggravating 6 that this offence occurred in the victim's home. 7 In an ideal world, a person should be and feel 8 safe wherever they are but even in our not so 9 ideal world, a person should be the safest when 10 they are within their own home. This should be 11 true whether a person has consumed alcohol or 12 not. A person sleeping in their own bed, 13 intoxicated or not, should not have to be 14 concerned about their personal and sexual 15 integrity being violated in this way. 16 I also agree with the Crown that it is 17 aggravating that the accused had been invited to 18 stay at the complainant's home and that this 19 injects an element of breach of trust in this 20 case. Like many things, there are different 21 ranges of breaches of trust but the complainant 22 let the accused stay at her home out of 23 generosity. Presumably if she had not trusted 24 him she would not have let him do so. Presumably 25 she did not expect to have to fear him, otherwise 26 she would not have let him stay there. And I 27 note he was a relative of someone who was already Official Court Reporters 5 1 living in the house. The accused proved very 2 unworthy of that trust and I do find that this is 3 an aggravating feature this case. 4 I have considered the victim impact 5 statement that was prepared by the victim a short 6 time after this happened. The effect that this 7 offence had on her is explained in simple but 8 eloquent terms in that document. Her comments 9 are consistent with what we know to be generally 10 true about these types of crimes. Even sexual 11 assaults that do not involve the most serious of 12 physical violation have an impact on victims. 13 They rob them of their sense of security and of 14 their dignity. 15 This particular complainant, I am told, 16 passed away from an illness in December 2008, and 17 it is truly awful to think that, in addition to 18 coping with her illness in those last months of 19 her life, she and her family also had to cope 20 with the impact that this crime had on her. 21 I have to take into account mitigating 22 factors. 23 The accused has pleaded guilty and that is 24 to his credit. Guilty pleas are traditionally 25 considered mitigating because they spare 26 witnesses, and in particular victims of crime, 27 from having to testify in a public courtroom Official Court Reporters 6 1 about difficult matters. They are considered 2 mitigating because they avoid the costs and time 3 of a trial . And they are considered mitigating 4 because they indicate remorse on the part of the 5 offender. 6 The first factor does not apply here. The 7 victim of this crime was not spared anything by 8 this guilty plea. She had to testify at the 9 preliminary hearing and talk about this, and was 10 subjected to cross-examination. As I have 11 already alluded to, she spent her last living 12 months with the uncertainty about what might 13 happen on this case so she was spared nothing. 14 The guilty plea did avoid the need for a 15 jury trial and saved resources; and the guilty 16 plea does demonstrate a willingness by the 17 accused to take responsibility for what he did. 18 And this, I agree with counsel, takes on a 19 special connotation in this case because the 20 complainant's passing created additional 21 challenges for the Crown in proving its case 22 beyond a reasonable doubt. Even if the 23 application to use the preliminary hearing 24 evidence had been successful, the trier of fact, 25 in this case a jury, would not have had the 26 benefit of seeing and hearing the witness 27 recounting the events and this may well have had Official Court Reporters 7 1 an impact on the weight that they would have been 2 prepared to give to that the evidence. So I 3 accept that the fact that the accused has pleaded 4 guilty, knowing of those potential challenges in 5 the Crown's case, is something that must be 6 acknowledged and he should be given credit for 7 that. 8 I also acknowledge and recognize that by 9 pleading guilty the accused has removed the 10 uncertainty of outcome that is always present 11 when a matter goes to trial and may have been 12 more prevalent in the circumstances of this case. 13 And although that submission was not specifically 14 made to me, I imagine that for the complainant's 15 surviving family it must have removed some 16 anxiety about the outcome of this whole matter 17 and may help to bring some closure for them. 18 The next issue that I must consider is the 19 credit to be given for the time that the accused 20 spent on remand. The accused is entitled to be 21 given credit for the time that he has spent on 22 remand. Counsel submit to me that that credit 23 should be given to him on a ratio of two for one. 24 Credit given to remand time is in the Court's 25 discretion. Various factors have an impact on 26 how discretion should be exercised and I want to 27 comment here briefly on the submissions that were Official Court Reporters 8 1 made with respect to that aspect of the case. 2 First, I disagree with the suggestion that 3 the accused's consent to remaining in custody 4 should increase or have any impact on the credit 5 that he is to be given for the time that he has 6 spent on remand. The jurisprudence is fairly 7 clear that the rationale for giving credit for 8 remand time on more than one-for-one ratio is 9 based on a recognition that prisoners on remand 10 do not earn remission and also to account for the 11 fact that in some jurisdictions and in some 12 facilities the detention conditions for remand 13 prisoners are harsher than those experienced by 14 serving prisoners. This includes things like 15 overcrowding, having access to only a limited 16 portion of the facility, and the lack of access 17 to the programs. I simply do not see how the 18 fact that a person has consented to their remand 19 should weigh in the balance. 20 In this particular case, with the accused's 21 record - his related convictions and recent 22 convictions for similar matters and his numerous 23 convictions for breaches of court orders - the 24 fact that he did not try to get bail, in my view, 25 simply reflect the fact that he and his counsel 26 were realistic about the prospects of being 27 successful in obtaining bail. Official Court Reporters 9 1 The issue of his access to programs is one 2 where I must say I found the information provided 3 to the Court less than satisfactory. There is a 4 contradiction about whether, for example, he 5 would have been able to have access to AA. Both 6 he and his counsel presented the Court with a 7 submission that he could not. The Crown said 8 that the AA program is available inside the 9 facility to serving prisoners as well as to 10 prisoners on remand. And then there is the 11 question of the availability of other programs to 12 prisoners who are on remand. 13 I am disturbed by this and comment on it 14 because, as I said yesterday, I have recently 15 heard in another case, the case of R. v. Avadluk 16 which proceeded in Hay River about five or six 17 weeks ago, very detailed submissions about the 18 access to programming for remand prisoners at the 19 Yellowknife correctional facility. What I was 20 told in that case was that, with the exception of 21 programs that are offered outside the facility, 22 remand prisoners have access to all of the same 23 programs as serving prisoners although serving 24 prisoners are sometimes given priority which may 25 mean that a remand prisoner may apply for 26 something and not be accepted into the program. 27 So some of the things that I heard in that case Official Court Reporters 10 1 seem inconsistent with some of the submissions I 2 heard in this case. 3 I make mention of this because the issue of 4 what programs are or are not accessible is an 5 important one and needs to be presented to the 6 Court, especially in a case where a person has 7 spent a significant period of time on remand. 8 This Court gets told on a regular basis that in 9 this jurisdiction, at least at the North Slave 10 Correctional Centre, there is very very little 11 difference in the detention conditions that 12 remand prisoners face versus the detention 13 conditions that serving prisoners face. So if 14 there are disagreements about the facts 15 surrounding things like accessibility to programs 16 and things that the parties are not agreed on, 17 then the Court is left in the dark. It must be 18 remembered that two-for-one credit for remand 19 time is not in law automatic, at least not in 20 this jurisdiction. There are several examples of 21 cases where credit is given on a different ratio 22 for a variety of reasons. So it is crucial for 23 the Court to have the necessary information about 24 this, so it can exercise its discretion on this 25 point in a principled and consistent way. In 26 future cases the Court might be inclined to have 27 evidence presented on its own motion to resolve Official Court Reporters 11 1 the types of inconsistencies and contradictions 2 that emerged in this type of hearing because 3 surely there is someone who knows the answer to 4 that question, someone from the correctional 5 facility who can say authoritatively what the 6 situation is in that facility. 7 All that being said, it's clear that the 8 accused is entitled to credit for the time that 9 he has spent on remand. It is also clear that it 10 is often the case that credit is granted on a 11 two-for-one ratio and I suppose in an instance 12 where the information is not conclusive one way 13 or another, the accused is entitled to the 14 interpretation that is more favourable to him. 15 So notwithstanding what I have said, and despite 16 the fact that I really would have preferred to 17 have more information to base this decision on, I 18 am prepared to accept that he should be given 19 credit on a two-for-one ratio for the 14 months 20 that he has spent on remand. 21 As I said at the outset, I must also take 22 into account the accused's personal 23 circumstances. His counsel explained that the 24 accused was removed from contact with his family 25 at a young age, first by being placed in 26 receiving homes and later being sent to 27 residential schools. Counsel seemed to suggest Official Court Reporters 12 1 that I might infer from this and from the 2 accused's conduct that he was abused in those 3 facilities. I do not think that it is 4 appropriate for me to speculate or infer that he 5 was the victim of abuse. But I certainly do 6 accept that being cut off from his family had an 7 negative impact on him and contributed to his 8 subsequent problems. 9 His record demonstrates that he has 10 struggled his whole life and constantly has been 11 in and out of court and in and out of jail. It 12 is difficult to assess what, if anything, this 13 Court could do as part of a sentencing to assist 14 the accused with his own rehabilitation. He is 15 already on probation arising from his last 16 conviction and he will be on probation for some 17 time. So even though there is no resident 18 probation officer in the community of Jean Marie 19 River, where the accused proposes to go back when 20 he is released, one can only hope that Probation 21 Services will be able to, despite these 22 challenges, to meaningfully supervise him and 23 assist him in accessing the programs and support 24 systems that he needs to remain out of trouble. 25 The Court has serious concerns about the 26 protection of the public in this case. It should 27 be, and should have been for some time, very Official Court Reporters 13 1 clear to the accused that the consumption of 2 alcohol is something that gets him into trouble. 3 I am not convinced that it can be said that his 4 problem is an alcohol problem because, as I 5 commented on yesterday, a lot of people get 6 intoxicated and do not commit crimes and do not 7 commit sexual crimes. But it is clear that the 8 consumption of liquor is one ingredient that 9 leads this one particular individual into 10 trouble. And despite this, only a few months 11 after being released from his last sentence he 12 made the choice to consume alcohol and committed 13 this further sexual assault. Even though there 14 was no penetration in this case, in my view it 15 was still a serious assault perpetrated on a 16 somewhat elderly woman in her own home and 17 someone who was in a particularly vulnerable 18 position. So, although I have no doubt that the 19 accused's intentions to try to grapple with his 20 issues are sincerely held, I have significant 21 concerns about whether he will hold true to those 22 intentions. But I also bear in mind that it is 23 inappropriate and unfair to overemphasize a 24 criminal record at a sentencing hearing. A 25 person should not be punished over and over again 26 for the same crimes by the record being 27 overemphasized. I am also mindful that I have to Official Court Reporters 14 1 give due weight to the principle of 2 proportionality and to the principles of parity, 3 that sentences imposed for similar crimes 4 committed by similar offenders should be similar. 5 And I must also, as I have already said, take 6 into account that I have been presented in this 7 case with a joint submission. 8 Sentencing is ultimately the responsibility 9 of the sentencing Judge but a joint submission is 10 deserving of serious consideration by the Court 11 and unless it is unreasonable, it should be 12 followed. 13 The Crown has said that a sentence of two 14 years less a day would be appropriate in the 15 circumstances and this is why, with the credit 16 given to the remand time, they are in agreement 17 with defence that no further jail term is 18 imposed. In my view that is a position that is 19 quite generous to the accused in all 20 circumstances, particularly the very recent 21 related conviction and the very short amount of 22 time that the accused was at large before he got 23 himself intoxicated and committed this further 24 offence. On the other hand, I recognize that the 25 complainant's passing puts the accused's guilty 26 plea in a unique context as I have already said. 27 So upon careful reflection, although I find that Official Court Reporters 15 1 the joint submission is very much on the lenient 2 side, I cannot say that it is out of range or 3 completely unreasonable so I will accept it. I 4 am not going to put the accused on probation 5 because he is already on probation. But more 6 importantly, at this point in his life what 7 happens from now on is really up to him. I am 8 confident that Probation Services will do 9 everything that they can to assist him in his 10 struggles and dealing with his issues and on the 11 path that he wants to be on from this point on. 12 I am sure Probation Services will do their best 13 to help him and I hope that the accused makes as 14 much use of their help, supervision, and support 15 as he can. But I am also certain that 16 Mr. Beaulieu has heard many lectures from many 17 Judges and many probation officers, many case 18 management officers in jails, and he doesn't need 19 another lecture from me. What happens in his 20 life from this point on is really really up to 21 him. 22 So Mr. Beaulieu, please stand. 23 Mr. Beaulieu, you have heard what I have 24 said. I have given this matter a lot of thought 25 and I have decided to agree with what the lawyers 26 have suggested. I am sure they have put a lot of 27 thought into their position. I am sure they have Official Court Reporters 16 1 considered everything and have really considered 2 all sorts of things that maybe I do not know. So 3 for that reason, although, you have heard me, I 4 think you are getting a sentence that is at the 5 very very low end of what could have happened in 6 this case, I am not going to impose any further 7 jail on you today. I am going to sentence you to 8 one day in jail but that will be considered 9 served by your attendance here today. So after 10 we are done here today, you will be free to go 11 and I really hope that you will be able to come 12 to terms with the things that you need to come to 13 terms with and that I or any other Judge will not 14 see you again. 15 All right, you can sit down. 16 THE ACCUSED: Yes. 17 THE COURT: I am also going to make an 18 order that any exhibits that are still in the 19 possession of the RCMP will, if appropriate, be 20 returned to their lawful owners otherwise they 21 are to be destroyed at the expiration of the 22 appeal period. 23 And finally there is a number of other 24 orders, Mr. Beaulieu, that I am going to make. 25 So, first, is an order, a DNA order pursuant 26 to Section 487.051(2) of the Criminal Code. 27 Sexual assault is a primary designated offence Official Court Reporters 17 1 that is included at paragraph a.1 of 2 Section 487.04 but I have not heard any 3 submissions suggesting that that order should not 4 be made so I am making that order. Madam Clerk 5 will explain to you these things when we are done 6 here. 7 Also, because of the type of charge this is, 8 it is mandatory that I make an order prohibiting 9 you from possessing firearms and other items. 10 Because an order like that was already made, the 11 Criminal Code says that on a subsequent 12 conviction that order would be for life except, 13 Ms. Nguyen, I was looking at it this morning and 14 as is the case for, by analogy drinking and 15 driving offences, there is no notice of intention 16 to seek greater punishment in this case. 17 MS. NGUYEN: Yes, the accused hasn't been 18 served with that so the firearms order should be 19 treated as if this were a first order. 20 THE COURT: So it will be for ten years 21 after today. Normally it is ten years after a 22 person is released but you will be released today 23 so that will be ten years. 24 There will also be an order that you have to 25 register, you have already been subjected to an 26 order like this but there will be another one, to 27 the Sexual Offender Information Registration Act, Official Court Reporters 18 1 which essentially means that you have to provide 2 certain information to the registry and keep them 3 aware of your address and things of that sort. 4 And the order, I am sure your lawyer can help you 5 in understanding what your obligations are. 6 Because you are already subject to an order like 7 this, it is automatic that this order be 8 applicable for life so that will be an order 9 pursuant to 490.013(4) of the Criminal Code. 10 And finally, pursuant to Section 737 of the 11 Criminal Code, on an indictable matter the Court 12 is to impose on you payment of what is called a 13 Victim of Crime surcharge. It is $100. That 14 money goes into a fund that is designed to assist 15 victims with various things. I have heard your 16 counsel explain that when you have not been in 17 jail you have been able to work, that you are 18 going back to Jean Marie River and that you 19 expect to have employment, and for that reason I 20 don't see any reason why I should not make the 21 order that you pay the surcharge. But I am going 22 to give you two months to pay it to give you a 23 chance to go home and start working and get 24 yourself organized again. 25 THE ACCUSED: Okay. 26 THE COURT: Have I overlooked anything? 27 MS. NGUYEN: Nothing, Your Honour. Official Court Reporters 19 1 THE COURT: Mr. Fix, have I overlooked 2 anything? 3 MR. FIX: No, My Lady -- I apologize, 4 Your Honour. Just two things, firstly, I 5 apologize for not having better information with 6 respect to the programs available to him. I 7 didn't know it was in a state of flux. Secondly, 8 the Court made a comment yesterday with respect 9 to my having an agent here for his appearance and 10 I just wish to address that just briefly because 11 I had made arrangements for that appearance 12 yesterday through court administration and I was 13 advised -- 14 THE COURT: -- yesterday you mean? 15 MR. FIX: Yesterday's appearance I had 16 made previously. 17 THE COURT: I was talking about Tuesday. 18 MR. FIX: Yes, and I wish to address 19 that, because Tuesday I was first of all told 20 that -- given information that the appearance was 21 to be for Monday but Monday was a holiday so it 22 was directed for Tuesday. When I contacted court 23 administration to say that, you know, we might as 24 well only do this once, I can be here, like when 25 can I be here to do this. So it was arranged for 26 Thursday afternoon. I was told at the time, and 27 I am not particularly used to removal orders, but Official Court Reporters 20 1 that the removal order for Tuesday had been 2 directed by the Court. I was asked, or I asked 3 if the Court would direct then a removal order 4 for Thursday. I was told that would not happen, 5 that the removal order for Tuesday would be 6 cancelled and that he would not appear and I was 7 to generate a removal order for Thursday. So on 8 that information I didn't retain an agent, I was 9 on the understanding that he wouldn't appear on 10 Tuesday. So it is not a case of me neglecting to 11 hire an agent, I was operating under obviously 12 misinformation but information that he would not 13 attend. It is not my practice to have my clients 14 appear in court alone. 15 THE COURT: The Court was told on Tuesday 16 that they were expecting you to have an agent 17 which fed into, that's what I was told on 18 Tuesday. 19 MR. FIX: My apologies. 20 THE COURT: That's not the main item, it's 21 really a side issue I think. The matter got 22 dealt with and that's what matters but thank you 23 for clarifying that. 24 MR. FIX: My apologies, because there 25 was -- I understood that I needed an agent for 26 the other matter. 27 THE COURT: The other matter? Official Court Reporters 21 1 MR. FIX: The matter that's in 2 Territorial Court this morning, to get it 3 directed there, so I apologize for any 4 miscommunication and certainly for not having an 5 agent here for my client. 6 THE COURT: Thank you for clarifying. 7 Anything further? 8 MR. FIX: No, thank you. 9 MS. NGUYEN: There is one other thing, Your 10 Honour. Mr. Beaulieu is on probation. The 11 probation officer has indicated she would want 12 him to report to her immediately. So if he could 13 be directed to do that. There is currently no 14 direction under the probation order for a 15 particular date for him to report under that. 16 THE COURT: Well the problem of course is 17 that probation order is on another file in 18 another court, the Youth Court even, and I am not 19 placing him on probation so I am not able to do 20 that. But let's put it this way, Mr. Beaulieu. 21 Technically, I have sentenced you to one day 22 which is served so technically I don't really 23 have jurisdiction to order you to do anything. 24 But there is a probation officer here, it's in 25 your interests to be in touch with them so they 26 can try to assist you. So although I am not 27 going to order you to report to her, and you may Official Court Reporters 22 1 want to talk to Mr. Fix about this, but 2 especially if you are planning on leaving, I 3 would strongly suggest that you touch base with 4 her before you go if only to sort out how this is 5 all going to work for your meetings, your 6 appointments, the programs that you might want to 7 try to take. It is not an order. You have heard 8 the Crown, the probation officer is sitting right 9 there, and the overall objective of all of these 10 people is to try to help you. So in the spirit 11 of you helping yourself, I leave it with you to 12 make your choice there. The first choice that 13 you have to make after the end of these 14 proceedings is whether you will or not. 15 So on that note, counsel, thank you, I have 16 kept you further than 9:30 but you can tell 17 whoever who is presiding over in Territorial 18 Court that it is my fault. 19 ------------------------------------- 20 21 Certified correct to the best of my skill and ability, 22 23 24 25 ____________________________ 26 Lois Hewitt, CSR(A), RPR, CRR Court Reporter 27 Official Court Reporters 23
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