R. v. Angutimarik, 2016 NUCJ 5

Nunavunmi Maligaliuqtiit NUNAVUT COURT OF JUSTICE Cour de justice du Nunavut Citation: R. v. Angutimarik , 2016 NUCJ 05 Date: 20160216 Docket: 07-09-11 Registry: Iqaluit Crown: Her Majesty the Queen -and- Accused: Peter Angutimarik ________________________________________________________________________ Before: The Honourable Mr . Justice Sharkey Counsel (Crown): Amy Porteous Counsel (Accused): Alison Crowe; Joseph Murdoch-Flowers Location Heard: Iqaluit, Nunavut Date Heard: December 14-18, 2015; December 21-22, 2015; Matters: Criminal Code , s. 235(1) REASONS FOR JUDGMENT (NOTE: This document may have been edited for publication)

Table of Contents REASONS FOR JUDGMENT . 1 I. OVERVIEW ... 3 II. TESTIMONY .. 6 A. The call to the Health Centre . 6 B. The testimony of Jonah Innuksuk . 9 (i). House 250 . 9 (ii). Jonah’s testimony in-chief 10 (iii). Jonah’s testimony in cross-examination .. 14 III. THE FORENSIC EVIDENCE .. 15 A. The cause of death .. 15 B. Forensic findings and commentary . 15 IV. PETER ANGUTIMARIK’S STATEMENT TO THE POLICE .. 17 V. THE POSITIONS OF THE PARTIES .. 20 A. The Crown .. 20 VI. ANALYSIS .. 22 VII. CONCLUSION .. 25 I.

OVERVIEW [ 1 ] Esa Angutiqjuaq [Esa] died on February 28, 2009, nearly seven years ago this month, at House 250 in Igloolik. He was 19 years old when he died. Peter Angutimarik [Peter] is before this Court charged with second degree murder in relation to Mr. Angutiqjuaq’s death. Mr. Angutimarik was 26 years old at the time of the incident. [ 2 ] Mr. Angutimarik’s trial took place before me only recently in December, 2015. I reserved my decision in the case until today. [ 3 ] It is a sorry state of affairs that this case has taken some seven years to get to trial.

The case has dragged on for so long in part because Mr. Angutimarik changed lawyers twice. The first change of counsel was necessitated by the fact Mr. Angutimarik’s original lawyer was appointed to the Bench, and the case was then further delayed when in the fall of 2014, Mr. Angutimarik fired his second lawyer. [ 4 ] On 29 November 2015, I ruled on a voir dire that dealt with a pre-trial motion. I articulated in some detail why this case has “limped along” at such an insipid pace over the course of so many years. At this point, suffice it say that Mr.

Angutimarik’s current lawyer is now his third defence attorney. In the relatively short time since Mr. Angutimarik’s current lawyer took carriage of his file last year, this case has proceeded in a seamless fashion to completion.

[ 5 ] Throughout the trial of this matter, counsel for both the Crown and the accused have made reference to the people involved in the case for the most part by their first names. Accordingly, and for the sake of convenience and clarity, I shall do likewise in this judgment. [ 6 ] Esa was killed as a result of a brutal knife wound. His throat was cut by a single slash, clean and deep. He did not live very long after the attack. He was dead within 30 minutes or so.

It is obvious from the nature of the wound that the person who slit Esa’s throat wanted Esa to die. [ 7 ] The only legal question to be determined was the identity of the killer.

More precisely, the only issue in this case was whether the Crown had proven on the criminal standard of proof beyond a reasonable doubt that Peter was the perpetrator of the crime and he was the one who slashed Esa’s throat. [ 8 ] In this trial, the Crown’s case against Peter consisted of forensic evidence, the testimony of Jonah Innuksuk [Jonah] (who was present at House 250 and was with Esa when Esa died), and Peter’s confession to police, which was recorded on video. The accused called no case of his own.

Peter did not testify, nor did his lawyer call any other evidence. [ 9 ] The Crown argued that this tragic case was nonetheless a simple one. The Crown’s theory was that Peter put on some rubber gloves, took a knife from the kitchen, and slit Esa’s throat while Esa lay on the living room couch; while he was likely asleep. [ 10 ] The Crown suggested that Peter then hurried upstairs and hid the knife and one of the gloves in Esa`s bedroom.

The Crown said that in his panicked state Peter likely forgot the other glove which he had hidden or stashed in his own bedroom between his mattress and the wall. [ 11 ] The Crown argued that this theory or version of events was supported by the forensic evidence, Peter’s confession to the police, and by the testimony of Jonah. [ 12 ] The forensic evidence in this case consisted mainly of a silver folding pocket knife and a pair of yellow rubber gloves. Esa’s blood was found on the outside of each of the gloves and Peter’s Deoxyribonucleic acid [ DNA] was found on the inside of each glove.

In addition, a small amount of Esa’s blood was found on Peter’s jeans which the police seized from his bedroom. [ 13 ] Jonah was the main occupant of House 250, and back in February of 2009, he had allowed both Esa and Peter to move in with him.

The three men were the only residents of the house and each had his own bedroom. [ 14 ] Jonah testified that he went upstairs in the early morning hours of 28 February 2009, and that when he did so, Peter and Esa were still downstairs. [ 15 ] Everyone was sober; there were no drugs or alcohol involved in this case. [ 16 ] Jonah gave a harrowing account of what happened after he went upstairs to his bedroom. He said he was chatting with friends online when all of a sudden Esa appeared at his door with blood gushing from his throat. [ 17 ] Jonah described how Esa then turned and stumbled downstairs.

Jonah followed Esa down the stairs and then called the Igloolik Health Centre [Health Centre] for help. Jonah testified that he did not ask Peter for help because he was afraid that Peter was the one who had done this to Esa. Jonah testified that he screamed when Esa lost consciousness and fell to the living room floor. It was only then that Peter came downstairs.

[ 18 ] The police arrived, but it was too late and Esa had already died. Jonah described how both he and Peter were then taken into police custody for questioning. Jonah was released by the police, but Peter was detained. [ 19 ] Peter was eventually interrogated and confessed to killing Esa, and the video recording of this police interview was played in court.

We watched as a tearful Peter told the police the reason he killed Esa was because Esa was taking away his best friend, Jonah, and suggested that Esa was not contributing anything in the way of money or food to the household where they were all living. [ 20 ] Peter confessed to cutting Esa’s throat on the video recording. Peter told his police interviewers: “[h]e was alone. I saw the opportunity. I took a knife, slit his throat.

I panicked, went upstairs, pretended to be sleeping until I heard a scream.” [ 21 ] As I mentioned earlier, a voir dire had been conducted last year which determined that Peter’s statements to the police would be allowed into evidence at his trial. During that voir dire hearing, Peter took the witness stand and testified that the confession which he gave to the police was false, and that he lied to the police simply in order to stop what he felt was a torturous police interrogation. [ 22 ] The legal issue before me last year at the voir dire was not the veracity of Peter’s confession.

Rather, the issue at the voir dire was whether Peter’s confession was made voluntarily, and whether it could be part of the evidence at this trial. I concluded that it was made voluntarily and could be properly admitted into evidence against him. [ 23 ] However, as Peter elected not to testify at this trial, I had no testimony from him suggesting that he gave a false confession to the police.

Nonetheless, as Defence counsel so ably argued during final submissions, I was still required to be cautious in assessing whether or not Peter’s statement to the police was indeed true as I watched the video and read the accompanying transcript. [ 24 ] In coming to a decision in this case, I was of course mindful that it is the Crown who bears the responsibility and burden of proving the guilt of an accused person beyond a reasonable doubt. [ 25 ] After weighing the physical evidence, Jonah’s compelling testimony, and the confession Peter made to the police, I was firmly of the view that the Crown had satisfied that burden.

Indeed, I would have come to this same conclusion even in the absence of Peter’s statements to the police. The Crown’s case would have sustained a conviction even without the confession. [ 26 ] Accordingly, on the charge of second degree murder for the death of Esa Angutiqjuaq, I find the accused guilty as charged. II. TESTIMONY A. The call to the Health Centre [ 27 ] Jo Anne Gerrard, Registered Nurse [nurse] , was the nurse on call at the Health Centre during the early morning hours of 28 February 2009, and was the first witness in the trial.

She testified that shortly after 5:00 a.m. she received a telephone call at her home. The caller was male, in a panicked state, and he was pleading for help for his cousin, named Esa, whose throat had been cut. [ 28 ] The person who made this call was Jonah. In all the confusion of the moment, however, it appears that Jonah never identified himself to Ms. Gerrard, nor did she ever ascertain his name during their two conversations that morning. Ms. Gerrard described Jonah’s voice on the phone as one of “[p]anic. Pure Panic. He was frightened…he was crying. He was very, very distraught.” [ 29 ] Ms.

Gerrard asked Jonah how bad the bleeding was. Jonah said: “…[v]ery bad, he’s cut bad, it’s very deep.” Ms. Gerrard also testified that while she was speaking with Jonah, she could hear an unusual background noise which she said was “…not like a breath

sound, but some sort of grunting gurgling kind of sound.” She told Jonah to bring Esa into the Health Centre as she had no way of bringing him herself. Jonah explained that he was in no position to do so because Esa was losing blood badly and going unconscious. [ 30 ] Ms. Gerrard assured Jonah that she would call the Royal Canadian Mounted Police [RCMP] , that help would be on the way, and to apply pressure to the wound in the meantime. Ms.

Gerrard then called the RCMP after-hours dispatch number, provided them with the house number as well as the nature and severity of the injury, and requested that someone transport the patient to the Health Centre for emergency medical attention. She then contacted her assistant on-call nurse, as well as the nurse in charge in order to muster additional help to deal with the expected patient and then she ran to the Health Centre to prepare the emergency room. [ 31 ] Shortly after she arrived at the Health Centre at approximately 5:35 a.m., Ms. Gerrard received a second call from Jonah.

He was crying, and asking why help had yet to arrive, and said that he could not feel any pulse from Esa. She assured Jonah that help would arrive shortly and that the Health Centre was ready to receive the patient. Jonah then hung up the phone. She never did see the patient. The severity of Esa’s wound was such that he had died by the time police arrived at the house. [ 32 ] Leslie Brushett, who has since retired at the rank of Staff Sergeant with the RCMP, held the rank of Corporal in February of 2009, and was the detachment commander in Igloolik.

Constable Lincoln Nedjelski, now of the Saskatoon City Police Service, was at that time one of two general duty constables assigned to that detachment. [ 33 ] According to Corporal Brushett and Constable Nedjelski, who gave evidence at the hearing for the Crown, at 5:23 a.m. on 28 February, Constable Nedjelski received a dispatch call advising that there was a man with his throat cut at House 250. [ 34 ] By 5:30 a.m. Constable Nedjelski had picked up Corporal Brushett in the police truck and, shortly before 5:40 a.m., the two of them arrived at House 250.

They were met by Peter standing at the doorway who said “...there’s a dead man in my house.” [ 35 ] Upon entering the house, the two officers saw Esa lying in a pool of fresh blood on the living room floor, and Jonah standing beside Esa with blood on his arms. The police officers checked Esa for vital signs. It was clear he had died as a result of a deep wound or slash to the neck and throat. [ 36 ] There were, however, no weapons in the vicinity of Esa’s body. There was no sign of any struggle in the house, but there was a lot of fresh blood throughout the hallway, living room, and stairway.

Both Corporal Brushett and Constable Nedjelski were experienced officers and it was obvious to them that this was a homicide, not suicide. The officers testified that both Peter and Jonah were in a state of shock or alarm, and that neither man said very much as the two officers conferred about what to do next. [ 37 ] Peter and Jonah were then told that they would need to come to the detachment. They were also told to put on their parkas for the trip to the detachment, but were not permitted to go upstairs to fetch any warmer clothing.

They were then both formally arrested, advised of their legal rights, and taken to the detachment by Constable Nedjelski. Once at the detachment, Jonah and Peter were lodged in cells and allowed to call legal counsel. As part of the booking process, they were also fingerprinted and had fingernail scrapings taken for later DNA analysis. [ 38 ] Corporal Brushett stayed in House 250 in order to secure the crime scene until the arrival of the Iqaluit Major Crime Unit [MCU] shortly before noon.

During the time that Corporal Brushett remained in the house, he did a thorough check for the presence of any other persons who might be hiding in the residence, but found no one. Both officers testified that Peter and Jonah were sober and alert, cooperative, and easily able to communicate with them in English. [ 39 ] The officers confirmed that there were no signs or odours of any alcohol or marijuana consumption emanating from either individual or on the premises.

Further, during the time that Corporal Brushett remained in the house awaiting the MCU, he found no sign of any alcohol or drug consumption or use in the residence. B. The testimony of Jonah Innuksuk

[ 40 ] Jonah was called as a Crown witness. Jonah is now 31 years old. He was 24 when his friend and roommate Esa was killed in the early morning hours of 28 February 2009, at House 250 in Igloolik. The events of that evening were a harrowing experience for Jonah. Before describing the details of what happened to Esa, Jonah spoke of the trauma he has suffered and continues to suffer as a result of the incident. (i). House 250 [ 41 ] House 250 is an Igloolik Housing Authority unit. It is a two story, three bedroom stand-alone building.

The bedrooms and bathroom are upstairs while the living room, kitchen, and a short hallway leading to the front door are downstairs. This short hallway which leads to the front door is really just a continuation of the living room. The front door, as in many northern homes, opens from the short hallway into a cold porch, and the back door opens from the opposite side of the living room into another cold porch at the back of the house. [ 42 ] There were two couches or sofas in the living room: a black couch, and a pastel colored couch.

There was a working land line telephone on a small table in the living room situated roughly between the black couch and the front door. Near the front door there was space to store and hang parkas and other outdoor clothing. [ 43 ] Jonah lived in House 250 along with his mother and several siblings. However, sometime in early January 2009, Jonah’s mother and his siblings temporarily moved to Iqaluit so his mother could upgrade her education. This of course left Jonah alone in the three bedroom house.

He was, however, working for the Government of Nunavut at the time and able to keep up with the monthly rental and utility payments to the local housing authority. [ 44 ] Jonah did not, however, live alone in House 250 for long. Sometime in mid-January 2009, Jonah’s 19-year-old cousin Esa moved into the house. Esa was not working at the time, and Jonah testified that when the two of them were home together they spent a lot of time playing computer games online with their friends. [ 45 ] Shortly after Esa’s arrival, Jonah and Esa acquired another roommate.

By late January or early February, Peter had also moved into the house. Peter, like Esa, had no job at the time, but according to Jonah, Peter did much of the housework to help pay for his keep. Jonah also said that both Esa and Peter would pitch in occasionally to help pay for food. Jonah testified that during the time he, Esa, and Peter were living together in the month or so before Esa was killed, they were all getting along quite well.

Jonah said they spent much of their time together just generally hanging out around the house and talking, and speaking a good mix of both Inuktitut and English. [ 46 ] Since House 250 had three bedrooms upstairs, each of the young men had a room of his own. They each slept on a mattress on the floor; the exhibit photos confirm that each room had clothing and other personal items strewn haphazardly throughout. [ 47 ] There was a two-stage stairway with a landing at the halfway point leading from the main floor to the upstairs.

An observer at the top of this stairway would easily see the three bedrooms as well as the second floor bathroom. From this vantage point, and from left to right, the observer would see Esa’s room on the left, Peter’s room in the middle, and Jonah’s room on the right. [ 48 ] Esa’s room and Jonah’s room (the two exterior or outer rooms) had small built in storage places, or “cubby holes.” Peter’s room (the interior or middle room) had no such storage space. [ 49 ] Jonah had a computer and a telephone in his room, which allowed him to connect to the internet. (ii).

Jonah’s testimony in-chief [ 50 ] During his in-chief testimony, Jonah gave the prosecutor a detailed account of what he knew about what happened in House 250 in

the late evening of 27 February 2009, and into the early morning of 28 February, when, eventually Esa was killed. [ 51 ] Jonah said that he came home just before midnight on 27 February. The only two people in the house when he arrived were Esa and Jonah’s cousin Elijah, who was visiting. Elijah was sitting on the black couch in the living room watching TV, and Esa was sleeping on the pastel couch. Jonah joined Elijah on the black couch, and the two of them continued to watch TV while Esa remained asleep on the other couch. [ 52 ] Elijah did not stay very long before he just got up and left.

Jonah testified that Peter came home not too long after Elijah had left. According to Jonah, Peter said nothing when he came into the house. Peter went directly to the kitchen. Jonah stayed in the living room watching TV with Esa still asleep on the other couch. Eventually, Jonah quit watching TV and went upstairs to his room where he began chatting with friends on Facebook . [ 53 ] Jonah estimated that he watched TV for a little less than two hours before heading upstairs.

Jonah also said that as he watched TV and Esa slept, Peter never came into the living room to join them and remained in the kitchen throughout. Jonah was sure that when he left the living room to go upstairs, Esa was still asleep on the pastel couch and Peter was still in the kitchen. [ 54 ] Jonah was also clear that before he went up to bed that no one was drinking or doing any drugs in the house that evening. This was corroborated by police testimony.

The police officers found no signs of alcohol or drug consumption when they arrived at the residence, nor did they note any signs of impairment or even use of intoxicants in speaking with Jonah and Peter. To the contrary, both men appeared to the police as sober and alert. [ 55 ] After Jonah went up to his room he closed the door, left the light on, and connected the phone line to his computer. He then just lay on his bed, and began chatting with friends online.

Jonah estimated that he had been chatting online for about a couple of hours when, all of the sudden, his bedroom door was opened. [ 56 ] Jonah was stunned by what he saw next. Esa was standing in the doorway with blood gushing out of his mouth, holding his throat. When he saw Esa, Jonah remembers shouting out something like “what the fuck!” Esa said nothing, but he was able to turn around and walk downstairs and Jonah was quick to unplug the phone from the computer and follow Esa. They passed by Peter’s bedroom on the way downstairs.

Peter’s door was closed. [ 57 ] There was blood everywhere as Esa stumbled trying to make his way downstairs with Jonah following. Jonah ran to the phone near the front door and called the local nursing station for help. In the meantime, while Jonah was on the phone, Esa (who was obviously in a state of shock) tried to put on his coat as if to leave the house. Jonah told Esa to lie down on the couch so he wouldn’t lose so much blood, and Esa did so at least briefly. [ 58 ] After calling for help, Jonah returned to Esa who by this time was now on the floor kneeling down in front of the couch.

As Jonah waited for help to arrive he tried himself to help by holding onto Esa’s neck. Jonah testified that he then became suspicious, and went to the kitchen to see if any knives were missing. At this point, Jonah said Esa was still upright on his knees in the living room, bleeding profusely, and acting “panicky.” [ 59 ] Jonah testified that when he checked the kitchen he found that there was indeed a knife missing. This was Jonah’s own “old timer” knife: a wooden handled knife which he kept in a leather case with the words “old timer” etched into the leather.

Including blade and handle, this knife was 18 centimetres, or roughly 7 inches, long. Jonah normally kept this “old timer” knife in the kitchen drawer, and when he checked the drawer the case was present, but the knife was not. [ 60 ] Jonah testified that the doors to the house (front and back) were closed for the night, but not locked. However, he saw no sign at all that anyone had actually come into or been in the house. After checking the kitchen, Jonah decided to check Peter’s room. He testified

that he did so “to see if anything was unusual.” Jonah opened Peter’s bedroom door, and the room was dark. When Jonah turned on the light he saw Peter lying on his mattress, on his belly, with his head facing the far wall. At this point, Jonah became frightened. He was afraid to ask Peter for help because he feared that Peter “may have been the one” responsible for Esa’s wounds. [ 61 ] Jonah ran back downstairs to assist Esa and call again for the help which had not yet arrived. Jonah made a call to the police and spoke a second time with the on-call nurse, who told him help was on the way.

By this time, Esa was still on his knees in the living room, and starting to lose consciousness. A few moments later, Esa lost consciousness and Jonah laid him down on the floor. Jonah testified that “I (then) yelled, screamed at the top of my lungs, and punched a hole in the wall.” [ 62 ] Jonah testified that it was after he let out the yell and punched the wall that Peter came downstairs. Jonah said that when Peter came downstairs he was yelling: “… [t]his must be a dream. This can’t be happening.” [ 63 ] Shortly after Peter had come downstairs, Jonah saw a police truck outside the house.

When the police came into the house they found Jonah and Peter standing in the living room wearing, for the most part, only their boxer shorts. They also saw Esa lying on the living room in a pool of blood with a fatal wound to the neck. The police came to the conclusion that the two men, or at least one of them, may have been responsible for what happened to Esa. Accordingly, both Jonah and Peter were read their legal rights and taken into police custody. [ 64 ] Before going outside they both headed upstairs to get some additional outdoor clothing suitable for the weather.

However, they were stopped from doing so by the police who then promptly escorted them to the police truck and on to the detachment. [ 65 ] Jonah was clear in his testimony that from the time Peter came downstairs until the time the police arrived that neither he nor Peter ever went back upstairs. Jonah also said that he had no complaint about the way he and Peter were treated by the police.

He said that “[l]ike, they were just doing their jobs.” [ 66 ] Jonah ended his examination-in-chief testimony by identifying his “old timer” knife that had been found in the house by police and entered into court as an exhibit. He also looked at some crime scene photos that were taken by the police. He also identified a second knife: his silver folding pocket knife. This knife is roughly the same length as the “old timer” (18 centimetres, or seven inches).

Jonah said that this knife was also normally kept in the kitchen drawer. [ 67 ] Jonah also used the photographs to identify some yellow plastic gloves that had been seized by the police. Jonah said he had only seen these yellow rubber gloves on a shelf by the front door at some point prior to the night of Esa’s death. Jonah testified that at that point the gloves were still inside their retail package or bag. Jonah said he never opened this retail bag, nor did he have any idea how it got where the police found it in the kitchen trash can. (iii).

Jonah’s testimony in cross-examination [ 68 ] When questioned by Peter’s lawyer, Jonah said that he never heard any unusual noise coming from downstairs in the moments before Esa showed up at his door. He agreed with Peter’s lawyer that it was likely his own scream as he punched the wall which brought Peter downstairs. Peter’s lawyer made the suggestion to Jonah that when Peter first came downstairs and saw Esa, Peter said things which showed or proved he was surprised to see Esa in such a state. [ 69 ] But Jonah had no memory of Peter ever saying such things.

For example, Jonah had no memory of Peter saying things like, “what’s going on,” or “why is there so much blood,” or “is anyone out there,” or even “is everyone ok.” Jonah agreed that Peter may have checked to see if anyone was at the door, but it was not something he specifically remembered Peter doing. [ 70 ] Jonah also agreed with Peter’s lawyer that as far as he knew, he was the first person to see Esa injured that night, and Peter was asleep in his own room at that point.

However, Jonah also said when he was first surprised at seeing Esa and yelled “what the fuck,” that this is something which could have been heard the next room over in Peter’s room. [ 71 ] Jonah was clear that after Peter came downstairs, neither he nor Peter ever went back upstairs until the police arrived.

[ 72 ] Jonah firmly denied when the lawyer put the possibility to him that when Peter was still downstairs that he (Jonah) had gone back upstairs carrying rubber gloves and two knives which he then tried to hide in the storage cubby hole of Esa’s bedroom. Finally, Jonah also firmly denied any suggestion that he was the one who attacked Esa, or that he had caused any hurt or harm at all to Esa that night. III. THE FORENSIC EVIDENCE A. The cause of death [ 73 ] The post-mortem pathology report shows the cause of death as exsanguination related to neck slashing.

In layman’s terms this means that after Esa’s throat was cut, he died of massive blood loss. The cut on Esa’s throat was 21 centimetres long (roughly seven inches). This slash wound was to the anterior or front of the neck, extending from the left side of the neck to the right side. It was described by the examining pathologist as both smooth and regular, meaning it was a clean cut with no jagged margins. [ 74 ] At the mid-point, or in the middle of the neck or throat, the wound was 2.5 centimetres deep (roughly an inch).

The right carotid artery and the right internal jugular vein were cut, and in the middle of the neck there was a deep cut to the larynx. Esa did not live for very long after his throat was cut. He remained alive for only those minutes which transpired between the time he walked into Jonah’s room until shortly before the police arrived. [ 75 ] Esa was able to make his way upstairs to Jonah’s room, and then stumble back downstairs. He was even able to make a feeble attempt to put on his jacket in the hallway while Jonah was on the phone to the Health Centre.

He took a few steps from the hallway back into the living room where he sat down on the couch before finally succumbing to his injury by first falling to his knees, and then collapsing on the living room floor. He died shortly before the police arrived. As a matter of common sense, given the severity of his injury, it is questionable whether Esa could have been saved by earlier medical intervention. B. Forensic findings and commentary [ 76 ] After House 250 was secured by police, the MCU forensic identification team did an extensive examination of the residence.

They took photos and blood samples and seized a number of items including the silver folding knife and the “old timer” knife. [ 77 ] Esa’s blood was found in several places throughout the house: on the pastel living room couch, on the stairway, and in the living room and hallway areas generally. Esa’s blood was also on the downstairs telephone. This finding is significant because Jonah had testified that he used this phone a couple of times, both before and after trying to stop Esa’s bleeding.

Therefore, it makes sense that Esa’s blood would be on this telephone. [ 78 ] Esa’s blood was found on Peter’s bedroom door, as well as on the light switch inside the room. This finding is significant because Jonah had testified that after calling the Health Centre and trying to stop Esa’s bleeding, he then went back upstairs to check Peter’s room. Jonah said he opened the door and turned on the light and saw Peter lying on his mattress, belly down with his face to the wall. Jonah testified as well that at this point he was suspicious of Peter, and decided just to leave him alone.

It makes sense, however, that Esa’s blood would be on Peter’s door and the light switch because Jonah’s hands would still be wet with Esa’s blood when he ran upstairs to check Peter’s room. [ 79 ] A very small stain of Esa’s blood was found on Peter’s jeans. These jeans contained Peter’s ID, as well as his DNA material inside the pockets. These jeans were seized by the police from Peter’s bedroom. This finding is significant because the police had testified that when they arrived at the house, both Peter and Jonah were downstairs in their undershorts or pyjama shorts.

The police also testified that they did not permit either Jonah or Peter to go upstairs to fetch clothing for the trip to the detachment. Jonah also was clear in his testimony that once Peter came downstairs that he (Peter) never went back upstairs to his bedroom, at all.

[ 80 ] Two knives were seized by the police: Jonah’s brown handled “old timer” knife, and Jonah’s silver folding pocket knife. These knives were discovered inside a PlayStation box in Esa’s room. The box itself was found in the cubby hole storage area of the room, and the knives were located in the box underneath a multi-colored fabric. [ 81 ] Two yellow rubber gloves were seized by the police. A left-hand glove was found along with the two knives in the PlayStation box from Esa’s cubby hole.

A right-hand glove was found on the floor in Peter’s room, wedged between his mattress and the wall, along with the same type of multi-colored fabric found in the PlayStation box from Esa’s cubby hole. [ 82 ] There was blood and DNA material on these knives and on the gloves. Esa’s blood was found on one side of the blade and on the top portion of one side of the handle of Jonah’s folding silver folding pocketknife. Esa’s blood was also found on the outside of both yellow rubber gloves.

Peter’s DNA was also found inside both yellow rubber gloves. [ 83 ] These findings are additionally significant because of Jonah’s testimony that once Peter came downstairs he never again went back upstairs at all. IV. PETER ANGUTIMARIK’S STATEMENT TO THE POLICE [ 84 ] The police questioned both Peter and Jonah. Peter was first interviewed around 4:00 p.m., but he made no inculpatory admissions during this first interrogation session. As the MCU continued their investigation throughout the day, they eventually came to the conclusion that Peter was the person responsible for Esa’s death.

A decision was made, therefore, to interview Peter a second time. This interview was recorded on video and entered into evidence along with an accompanying transcript. [ 85 ] The interview was jointly carried out by Constable Joseph (Joe) Baines of the MCU, and Corporal Brushett, the Igloolik detachment commander. Both these officers were experienced interrogators: Constable Baines as a member of the Nunavut MCU, and Corporal Brushett as a former major crime investigator and RCMP classroom instructor in the conduct of police interviews.

When compared with many other homicide cases, this second interview with Peter was not a very long one. It began around 10:00 p.m. and was finished a couple of hours later, around midnight. Prior to the interview, Peter had been well fed and rested throughout the day, and had been given the opportunity to speak with legal counsel. [ 86 ] For most of the interview Peter continued to deny he had anything to do with Esa’s death. He said he woke up to a scream from downstairs, and when he came down he found a dead man in his house.

The police were having none of this and confronted Peter with what Jonah had told them: that Jonah thought Peter was pretending to be asleep, and that he was afraid to say anything when he opened the door to Peter’s room because he was scared that Peter was the killer. Peter was dismissive of this suggestion, and challenged the police to produce evidence such as a weapon or fingerprints. [ 87 ] The police were patient with Peter as they tried to persuade him to confess. In particular, they urged that Esa’s family needed to know why someone would do such a thing.

Towards the end of the interview, Peter broke down in tears and confessed to thepolice that he had killed Esa. He told the police how he did it, why he did it, and where they could find the murder weapon. [ 88 ] Peter told the officers that the reason he killed Esa was because Esa was taking away his best friend, Jonah: Day after day, every day, man, watching them, indulging all the things that they do and here I am not having anything, having nothing, welfare. He (Esa) was taking my best friend away from me, the only one in the world to accept me. I couldn’t take that man. I just couldn’t watch it.

The only one who would take me in when everyone else would just say fuck off. You’re nothing. You’re a monster. He (Esa) never said those things to me. But he was taking him (Jonah) away from me… (Transcript of Police Interview 28 February 2009: Ex. 20, p 20 [Transcript of Police Interview])

[ 89 ] Peter continued with this narrative: Thousands of dollars he (Esa) had but he didn’t even buy food or anything for us. He just spent it all…here we are struggling to survive each day. We had nowhere to turn and there he was indulging. And the pain and suffering that we had to go through and yet he’s just happy. ( Transcript of Police Interview , p 21) [ 90 ] Peter said that Jonah took him into his home when no one else would, and that Esa was abusing Jonah’s hospitality by refusing to pitch in and help.

He stated: The night my sister kicked me out, told me never to return and then I went around looking for a place to stay. I couldn’t find one….and then I found out he’s in, Jonah’s in town then he took me in without any questions and without anything…and without asking for anything in return. And then I go fishing and then I come back Jonah’s alone except Esa’s there. Every day we struggle to survive. And then we had nothing to eat, day after day, nothing. We had to go out and scrounge for some, anything to eat, beg for it.

And there was Esa with all his money, not even helping us, just himself. (Transcript of Police Interview) [ 91 ] After listening to all of this, Corporal Brushett then asked Peter, quite simply, and to the point: “So that night, what happened?” [ 92 ] Peter’s response was equally succinct: He (Esa) was alone. I saw the opportunity. I took a knife, slit his throat. I panicked, went upstairs, pretended to be sleeping until I heard a scream. (Transcript of Police Interview) [ 93 ] Peter said that he used the silver folding pocket knife to cut Esa’s throat.

He told the police he had hidden the knife in a PlayStation box in the cubby hole of Esa’s room. The interview concluded with following brief exchange(

s) between the officers and Peter: JB (Constable Joe Baines): Peter, you did the right thing, all right. Like I said earlier this is the first step in healing, right. PA (Peter Angutimarik): I did, killed a man…I killed a man. JB: Yeah, and you’re sorry for it. I know that. I see the tears. PA: It’s too late. (Transcript of Police Interview) [ 94 ] And later: JB: Peter, do you want to write a letter to Esa’s family? PA: No, just tell them I’m sorry. JB: You don’t want to write a letter to them, to make them understand? That’s totally up to you Peter PA: Just tell them that I’m sorry, I can’t take it back. Anything I do, I’ll only make it worse (Transcript of Police Interview)

V. THE POSITIONS OF THE PARTIES A. The Crown [ 95 ] The Crown emphasizes what it considers the overwhelming probative value of the forensic evidence that points to the accused as the person who killed Esa. The Crown notes that Esa’s blood was found on the outside of both the left and right yellow rubber gloves, and the accused’s DNA was found inside both gloves. [ 96 ] The Crown says that Esa’s blood on the silver folding pocket knife clearly establishes that this knife was the murder weapon separate and apart from Peter’s confession to police that this was the knife he used to cut Esa’s throat.

The Crown further submits that this knife was found in the same PlayStation box as the left hand yellow rubber glove that had Esa’s blood on the outside and Peter’s DNA on the inside. [ 97 ] The Crown also notes that Esa’s blood (albeit a small amount) was found on Peter’s jeans which were seized from his bedroom. The Crown submits that this suggests that Peter was actually wearing these jeans at the time he slit Esa’s throat, and then took them off upstairs in his room before lying down on his mattress and pretending to be asleep.

The Crown asks the Court to accept Jonah’s testimony about what happened on the fatal morning of Esa’s death on the basis that it is plausible, internally consistent, and consistent with the physical evidence. [ 98 ] For example, the Crown says that the finding of Esa’s blood on Peter’s bedroom door and light switch is consistent with Jonah’s testimony that after trying to stop the flow of blood, he ran upstairs to check Peter by opening the door and briefly turning on the light.

The Crown says at that point Esa’s blood would have been on Jonah’s hands, and the fact that Jonah never said anything to Peter as he lay there on the mattress pretending to be asleep was because as Jonah testified, he was afraid that Peter “was the one.” [ 99 ] The Crown suggests that Jonah never did waver from his version of events and stood up well under Defence counsel’s skillful, but fair cross-examination. The Crown also reminds the Court that Ms.

Gerrard testified that she viewed Jonah’s call for help as a genuine one, and she described Jonah’s emotional state as one of “pure panic.” [ 100 ] Regarding Peter’s confession to the police, the Crown says that there is no reason to doubt the veracity of what Peter said. The Crown notes that Peter at first challenged the police by asking them to produce a weapon and fingerprints when, in fact, he was aware there were no fingerprints because he was wearing gloves at the time. The Crown suggests that Peter’s eventual tearful admission that he killed Esa was an authentic one.

The Crown says that Peter told the police plainly and in detail why he killed Esa, and how. [ 101 ] In addition, the Crown points out that Peter told the police exactly where they could locate the murder weapon (the folding silver pocket knife with Esa’s blood on the blade). The Crown says that Peter, who was sober at the time, first put on the rubber gloves, and then slit Esa’s throat as Esa lay on the couch.

The Crown says he did so simply because he was jealous of Esa encroaching on his friendship with Jonah, just as he said in his confession. [ 102 ] The Crown says the fact Peter had possession of two knives should not be of any concern, and likely he had the second knife handy just in case he needed it. The Crown suggests that after slitting Esa’s throat, Peter then ran upstairs and at some point stashed the two knives along with one of the gloves in Esa’s room. Further, in his panicked state he may have overlooked the other glove, which he later left stashed between his mattress and the wall.

The Crown says it has been clearly proven that Peter killed Esa by slitting his throat with a knife, and at the time he did so he intended to cause Esa’s death. [ 103 ] Accordingly, the Crown says Peter should be found guilty of second degree murder. B. The accused [ 104 ] Defence counsel has urged the Court to approach both the forensic evidence and Peter’s confession to the police with caution. [ 105 ] In particular, counsel says if Peter were the killer, then it is curious that there was not more blood found on Peter’s clothing, and in

particular on his jeans. Counsel notes that if Peter were the killer, then it is curious he would leave an incriminating piece of evidence in his own room. [ 106 ] Defence counsel further notes that both doors to the house were unlocked and, despite the absence of any signs of break and entry, it would still have been easily possible for an unknown assailant to have entered and left unseen. [ 107 ] Respecting the rubber gloves, Defence counsel notes Jonah’s testimony that Peter did most of the “housework” which would normally include doing dishes.

Accordingly, counsel suggests it should not surprise anyone that Peter may have worn the gloves to do the dishes. [ 108 ] Counsel also questioned how Peter could have possibly attacked Esa, cleaned himself up, and hidden the knives and gloves in the short period of time that it took Esa to appear at Jonah’s door. [ 109 ] With respect to Peter’s confession to the police, Defence counsel notes the obvious and clear distress which Peter displayed towards the end of the interview session shortly before he makes his confession.

Defence counsel thus urges the Court to consider this distress in assessing the truthfulness of the confession. VI. ANALYSIS [ 110 ] I am reminded by Defence counsel that it is the Crown which bears the burden of establishing the guilt of the accused. This burden of proof never shifts to the accused, and remains on the Crown throughout the trial. I agree, and appreciate this cautionary note.

The starting point then, as always, is to establish the essential elements of the offence which the Crown must prove. [ 111 ] As we tell juries many times, the Crown is not required to prove the case against the accused to a certainty, but it must establish that the essential elements of the offence have been proven to the jury’s satisfaction beyond a reasonable doubt before an accused person may be found guilty. [ 112 ] The essential elements of murder under

section 229 of the Criminal Code of Canada, RSC 1985, c C-46 , are that a person commits murder when (

a) he means to cause death, or (

b) means to cause bodily harm that he knows is likely to cause death and is reckless as to whether death ensues. In this case, it is not disputed by the accused that the person who slit Esa’s throat either meant to cause Esa’s death, or meant to cause bodily harm to Esa that he knew was likely to cause death. [ 113 ] The question in this case is not whether the required mens rea has been proven. [ 114 ] The question in this case is whether the actus reus has been satisfactorily established.

More precisely, the question is whether the Crown has met the burden of establishing on the criminal standard required of proof beyond a reasonable doubt that it was Peter who attacked Esa. If the actus reus is proven, then Peter would be guilty of second degree murder. [ 115 ] As I analyze and consider the position and arguments of the accused, I do so while keeping in mind the ultimate burden of proof upon the Crown.

That said, there are a number of things which I consider problematic respecting this position. [ 116 ] I consider it speculative that an unknown assailant may have entered the house and committed the crime. I appreciate that an unlawful entry need not be a forced entry, and that the doors of House 250 remained unlocked at night. However, I am persuaded by Jonah’s testimony that he saw nothing untoward or unusual to indicate that someone might have come into the house. [ 117 ] Similarly, I do not consider the small amount of Esa’s blood which was found on the gloves, the silver folding pocket knife, and on

Peter’s jeans to be insignificant. To the contrary, I think it significant that any of Esa’s blood was found on these items when the knife was found the same box as a glove, and Peter’s DNA was found inside both gloves. [ 118 ] I consider it a weak proposition that Peter’s DNA was present in the rubber gloves because he may have worn the gloves while washing dishes. There was testimony from Jonah that Peter did “most of the housework.” But Jonah was never asked if this housework included doing dishes while wearing rubber gloves.

The only testimony which Jonah offered respecting the gloves was that he saw a sealed box of yellow gloves in a shelf by the front door, at some point in time before Esa was killed. [ 119 ] As the Crown suggested, I found Jonah’s testimony to be plausible and internally consistent. Beyond that, I found his evidence to be both credible and compelling. Jonah’s testimony that after he tried to slow Esa’s bleeding, he ran upstairs to check on Peter is corroborated by the blood stain which he (Jonah) would have left on the light switch in Peter’s room.

I found Jonah’s statement that he was afraid to ask Peter for help because he thought that Peter “was the one” to be an authentic expression of fear, even years after the event. [ 120 ] Jonah was also clear that once Peter came downstairs he never went back upstairs. This fact helps to corroborate the Crown’s theory generally of what happened, as well as Peter’s own confession that he slit Esa’s throat and then ran upstairs. [ 121 ] Regarding Peter’s confession, it is clear that Peter was under stress during the interview.

However, in my view, he presents or exhibits no more stress than any other suspect might be expected to exhibit in the same circumstances. To the contrary, Peter engages the police initially and denies responsibility for the crime in a fairly unremarkable fashion by challenging them to produce evidence (a weapon and fingerprints). Eventually, the police persuade Peter that he should take advantage of the opportunity to express his sorrow for what he has done.

At this point he begins to cry and confesses to killing Esa. [ 122 ] It is not unusual for a suspect to cry when they admit to a crime during a police interview, and particularly when they confess to a serious crime like murder. In this regard, Peter’s own words are in themselves telling.

As he grapples with the enormity of what he has done he simply blurts out, “I killed a man.” There is nothing in Peter’s distress during the police interview which leads me to doubt the truthfulness of his confession. [ 123 ] I note as well that it was Peter himself who directed the police to the precise spots where they recovered the knives and the rubber gloves. [ 124 ] I am satisfied after a thorough review of the evidence, and of the argument of both Crown and the accused, that the Crown has met the burden of establishing the actus reus in this case beyond a reasonable doubt. VII.

CONCLUSION [ 125 ] This is a case where the evidence has clearly established that: a. Peter Angutimarik caused Esa Angutiqjuaq’s death by cutting Esa Angutiqjuaq’s throat with a knife; and , b. At the time Peter Angutimarik cut Esa Angutiqjuaq’s throat, he intended to kill Esa Angutiqjuaq. [ 126 ] Accordingly, I find Peter Angutimarik guilty as charged, of second degree murder.

Dated at the City of Iqaluit this 16th day of February, 2016 ___________________ Justice N. Sharkey Nunavut Court of Justice