Natuashish man acquitted of attempted murder after conflicting testimony from victim

A Natuashish man accused of attempted murder is walking free after being acquitted at Supreme Court in Happy Valley-Goose Bay on Wednesday morning.

Nigel Raphael Rich was accused of stabbing Darren Penunsi16 times with a pair of scissors in August 2018. He was charged with aggravated assault, assault with weapon or imitation, uttering threats to cause death or bodily harm, and attempted murder.

Chief Justice Raymond P. Whalen acquitted Rich of all charges Wednesday morning, saying the case against him hadn't been provenbeyond a reasonable doubt.

But the judge didn't believe everything Rich had to say, either.

Rich testified he hadn't even seen Penunsi on the night in question and didn't hear about the stabbing until he was on the Northern Ranger coastal boatto go to Nainto buy alcohol. He also said he didn't know police were looking for him for several days, and didn't turn himself in as he was on probation and was afraid he'd go to jail.

In delivering his decision, Whalen said he didn't believe Rich.

"In recognizing the self-serving nature of Mr. Rich's evidence, I do not accept Mr. Rich's evidence as being true," Whalen said. That doesn't mean he's convinced Rich stabbed Penunsi, though, he said.

Lost in translation

Whalennoted the only description of events was given by Penunsi himself through a translator, adding that Penunsi appeared to be intimidated by the process of giving evidence.

The judge said Penunsi appeared frightened and shy, and may have had some comprehension difficulties during the process of giving evidence, "all of which was exacerbated by the necessity to hear the evidence through a translator," the judge said.

"One could argue that a lot was lost in translation," Whalensaid, but acknowledged there is nodoubt Penunsi was "brutally" stabbed with severe lacerations to his face, neck and hands.

Penunsitestified Rich was the perpetrator, butWhalennotedPenunsialso admittedhe was drunk on the night in question.

He saidthe RCMP investigating officer confirmed Penunsi was intoxicated at the clinic in Natuashishwhere he was being treated.

"Mr.Penunsi also testified that he has blanks in his memory of that night because he was drunk, and on cross-examination agreed with defence counselthat because he was drunk on the night in question, he didn't remember who stabbed him," he said.

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