IN THE TFfJilTORlAL COURT OF THE JIOKTITrfKST TEHRITORIES \ BETWEEII: HER MAJESTY THE QUESK, - and ^a-^cxJ"^^^'^
NICK BAKOVICH, , - •\ z.:\ *'-~ • - »i Defendant O R A L REASONS ?0R JUDGI-^ENT OP THE HONOURABLE MR, JUSTICE W. G. MORROW -I want to firststhani counsel for Doth the Crown and "-̂ c/ the ̂ 3fence for their assiatance in this case end for their
spirit of co-oper,gtion in facilitating getting to the isausa. The isBuea in this case are relatively simple in that they evolve about and concern the questions and ansvers given on approrimatelj t"HO and one-half, or probably less than two and one-half, pages of transcript on a previous hearing before K.agia-trate Parker. There is no question in my cind that the answers that w©r«» given by the accused were false. The reaalnin^ eloaents with respact to the essentials of a conviction of perjury are the question of whether the accused knew them to be false and vhetber there was an intention to mislead. Without goin^ into coaplete detail I find it itaposaible to taka eay othar construotion of the evidsnce end particalarly
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_ 2 - n trtrv-'f I am giving consideration to the manner in which the ac-I cused gave his testimony here today. I find it icpoBaihle to believe that he did not understand that he was being aslced about an offence or a conviction involving liquor outside the Territories. If there was ever any confusion in the first part of his examination on the prsvioua trial 1 think by the time Mr, Neilson came to ask himj "What about anywhere else?"> and his answer was, "No,''; "Are you sure?"^ and *ifp?-r̂ he went inio the refuge that one soinetiraes finds with people in trouble ^ "I don't remeiabsr, •'. ̂ "You don't reaeaber." ŷ Nĉ ''̂ -^ut then the Prosecutor continued and said? , "Any place in Alberta?", -^w at that pointy it seeaia to me it was quits clear what was "bein̂ talked about. "No^l wasn't. I v?28 there about two years." It is clear by now that the accused knew h^n va-'i dealing with ^ Alberta .and that's tbe^time thst he W33 in Alberta.> "Never been convicted there?"̂ /̂ "No. *' Then be- goes on to aay% "Ih'lruclng in a car with open whiskey - yes," How he could rcaeahsr that detail n̂d not rercember at least the offence that put hiD behind bars for four months I find has not been explained to Ky estisfaction. I think the Crown Las satisfied its burden,in this respect ,-fi-ere. I think that this Kan kiiew he was giving false testiraony, and I think that his whole intent ̂ î*=ti was to mialead the Court. I do not accerpt the e;-cplanation that he gave hdr« in the Court today. 't̂ 8ttegip:t̂ »d̂ , I think,^^slauat to
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- 3 ride two horses. He tried to get refuge in the use of the word "bootleg'\but it is quite clear from observing him in the box today and listening to his testimony that he, as an experienced taxi driver, knows what the word "bootleg*̂ means in many senses,and he certainly knew it was referring to liquor charges in the case in hand. When-he, aiall we say,v,took the other line of his defence here today he said well he was really excited. I am satisfied on the evidence before me that all the three requirements have been met by the Crown beyond doubt, I find the accused guilty of the offence charged. Do you wish to say anything as to sentence Mr. V\:ttunee? •tl'Ir,--̂ trt-tti«ê -ad-dressed-the Court as to _aentence.) {-Kp̂ —5h-oy7-â r̂ess-ed-the-Cou5'4 ~&8—to-s-^tence^ ^ y The Court: Will you stand up.Mr. Bakovich. Mr. Bakovich.just as the Crown Prosecutor has pointed out,perjury is considered one of the more serious offences under our law because the whole course of tho sdainistration of justice is dependent upon getting at the truth in these pro-ceedings. Do you understand that? -A Yes, --iCfre—Gourtt J r:/. /L^ /*. .-ivV-.' ^ , .../<- C People ere expected^ under the soleanity of the oath, in-Court., -to tell-the truth. If they do not, as I have found in your case, the Government of Canada has seen fit to impose
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- h -8 very heavy penalty, or at least the possibility of a very heavy \ penalty. Now in view of your background and the statements that your counsel has ^i-^-^n here today^I am makirig what possibly is an exception to what joojaally 1 would do, and I am going to give you a chance in the sense that I am going to give you the option of paying a fine on your first occasion, I hope it will be your last. I em-JHrniiis,̂ -y-9«' *̂ 600.00. or on failure of payment, two months in gaol.
Kay River, Northwest Territori&.s, Noveabor 2nd, I966.
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