/ „ , SC cK ^\D o\a 26 IN THE TERRIT0RI.-\L COURT OF THE NORTH-'EST TERRITORIES n
RULFNG ON THE .'.DraSS^ILIlT OF EVIDENCE BY HIS LORDSHIP THE HONOURABLE MR. JUSTICE WILLIAI: G. MORRO'.;, given at tho Settlement of Tuktoy-iktul:, N.W.T., on the 7tli d-y of December, A.D. I966. m the matter between: HER ML\JESTY THE QUEEN Complainant - ana -> ROY COCKNEY
Deft-ndant
(Section 135'of the Cri-r.inal Code) Appearances; <~Y-^i Orval JyT< Troyr--£sq.--y-^ippieared-on-Jb«hnalf--erf t h e Crown.
G^ Br ian PnrAy r.J,s)^:.:r~^.^^pe^'^?^d~^n
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- o .. ^ 27 MORROW^ Jii:^C. ^ej^ ^ f> On the voir dire I am satisfied to accept the evidence of Julia Silastiak as to v.'hat took place on the events that were discussed in the voir dire. I accept the fact th'.t she was tolgî "I raped Nellie," -^ the accused."") -Because ^v;ever^,of thisr n-an's background ̂ smd" the use of the word rapev- and the lack of any indication that he m.ayor may net have comprehended what he was siying in using th'.:t v;ord, I am exercising my discretion to the effect that I am not pennitting the examination of the present witness Julia Silastiak in respect to that part of the conversation. I believe that it is dealing x/ith an opinion of law, or a conclusion of lav̂ , the ver̂ '- thing tl:.-it the:4ur^', after t.he-Addresses of Xounsel and the charge from the Judge, is required I to find. I think it v;cuJd be too predjucial, and for th.~:t rc/cscn I am exercising m.y discrctfon. I am hbwever-ŝ '̂ atisfied that jier evidence up to the time ̂and including the time that they x;ere behind the Northern Affairs Building can be brought in. In other v;ord5 I!r. Troy, you can address yourself to examining this witness up to and including tho tir.-.e and conversation behind the Northern Affairs Building, but refrain from goin-; behind the school. I thinl: that covers it.
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