Rodrigue wins appeal

Karen Rodrigue, who was convicted of the second-degree murder of Gerald Dawson in October 2005, has won a new trial.

Karen Rodrigue, who was convicted of the second-degree murder of Gerald Dawson in October 2005, has won a new trial.

“The errors identified in the charge by (Rodrigue) were serious, and were errors of law that had a potential to cause a miscarriage of justice,” said the appeal court judgment.

“They can only be remedied by a new trial.”

The appeal, which was heard on May 28, suggested there were flaws in the judge’s charge to the jury during the trial.

Rodrigue’s appeal lawyers claimed the charge was “inadequate” and “misleading,” said the judgment from the Yukon Court of Appeal, which was handed down last week.

The lawyers argued the judge did not adequately instruct the jury on how to consider Rodrigue’s conduct after the stabbing, and how to interpret evidence that speaks to Dawson’s good character and Rodrigue’s bad character.

The three appeal judges found merit in the claims and awarded Rodrigue a new trial.

Rodrigue admitted to the June 2004 stabbing, but said she was intoxicated and provoked by Dawson’s sexual assault and by his “belittling slur that she was a ‘crack whore’ whom nobody would believe,” said the judgment. (LC)

Just Posted

Car crashes through Whitehorse school fence

2 people taken to hospital, no kids hurt

Tagish dog rescue owner asks for court order to get rid of dogs to be put on hold

Shelley Cuthbert argued forcing her to get rid of all but two dogs would cause ‘irreparable harm’

Yukon College officially unveils new $3.59M Whitehorse learning space

Innovation Commons designed to let the sunlight in

No vacancy: Whitehorse family spends five months seeking housing

‘I didn’t think it would be this hard’

Bedbug situation in Whitehorse building becoming intolerable, resident says

Gabriel Smarch said he’s been dealing with bedbugs since he moved into his apartment 15 years ago

The week in Yukon mining

Goldcorp re-submits Coffee plans, Mount Nansen sale looms, Kudz Ze Kayah comments open

Painting the past: Kaska artist explores his childhood in new show

‘I used to say I painted and I carved. But now I say it’s through my ancestors.’

Yukon hockey briefs

Dylan Cozens named WHL player of the week

Rain and warm weather makes for interesting Carbon Hill race day

‘I guess we all start getting used to this crazy weather.’

Ice, ice, baby: scaling a frozen Yukon waterfall

‘There’s a really transformative affect with adventure’

Delegate blunt about proposed location of cannabis retail stores

‘Marijuana has had a stigma of being a bad thing’

What does the NDP need to gain power once again?

The party will need to do some soul searching before we head to the polls again

Most Read