A Yellowknife man, charged with sexual assault and threatening death, is to learn his fate on Friday.
Elvis Blackduck, 49, is accused of attacking a woman while she was passed out in his Yellowknife apartment in October of last year.
He is also alleged to have told the victim that if she told anyone about what had happened, he would kill her.
During a two-day trial that wrapped up on Thursday, the woman testified that she had been drinking with Blackduck and does not remember being sexually assaulted.
She says she woke up with her pants and underwear down around her knees.
The victim insists that she knows that it was Blackduck who attacked her.
Court heard there was no DNA evidence linking Blackduck to the crime.
From behind a screen that kept her from having to look at Blackduck, the woman testified that there were two other people in the apartment at the time drinking with them.
Neither of them was called to testify.
Blackduck’s lawyer says RCMP did not do enough to try to find either of those witnesses and have them testify at trial.
Ironically, the other man in the apartment that night has been at the trial throughout the proceedings.
He said outside court following the trial that he does not believe that a sexual assault took place that night.
Blackduck did not take the witness stand in his own defence.
The Crown prosecutor concedes that it is a circumstantial case but adds that Blackduck’s actions following the alleged assault, telling the woman to leave his apartment and threatening to kill her if she told what happened, proves he is guilty beyond a reasonable doubt.
Blackduck’s lawyer says the victim’s testimony was inconsistent, due in part, to her having a foggy memory of the evening.
He says her testimony lacks credibility and that Blackduck should be found not guilty.
Blackduck has been assisted by a Dogrib interpreter throughout the proceedings.
Territorial Court Judge Garth Malakoe is to deliver his verdict this afternoon.