Editor’s note: This story contains details that some readers may find disturbing.
An Iqaluit resident who gravely wounded another man by “repeatedly striking him and stomping on his head while unconscious and driving over him with a snowmobile” has been found not guilty of attempted murder.
Justice Susan Charlesworth oversaw the trial and rendered her judgement on Nov. 24, 2023.
However, Charlesworth found that the accused, Jordan Kovic, was guilty of assault with a weapon, aggravated assault and failing to keep the peace and be of good behaviour, as was required from a previous court appearance.
The attempted murder charge was laid following the 2019 incident that occurred in downtown Iqaluit. Kovic pleaded not guilty.
“I am not satisfied beyond a reasonable doubt that Mr. Kovic’s intended purpose for the attack on the night of December 27, 2019 was to kill (his victim), I must find him not guilty of attempted murder,” Charlesworth stated.
Security cameras captured much of the crimes in progress. Witnesses were also called.
Kovic stomped on his victim’s head 16 times as well as punching him. The victim appeared to lose consciousness early in the attack.
Kovic had also assaulted another man moments earlier.
One witness said he heard Kovic shout words to the effect of, “You guys tried to steal my Ski-Doo!” The witness described Kovic as being “hard angry or in a rage during the stomping.”
The assailant later drove over the body of the unconscious victim, and then continued to kick and punch him.
He then placed his victim on the back of his snowmobile, and took him to the men’s shelter. There, he placed him gently on the ground and calmly waited for police to arrive on scene. Police testified that the offender appeared calm throughout subsequent dealings later that night.
The defence relied on a forensic psychiatrist who said he believes Kovic was born with fetal alcohol spectrum disorder (FASD), which, to varying degrees, affects the brains of those who suffer from it.
Because of behavioural issues and problems in his home, Kovic was sent south for much of his childhood.
The guilty party admitted during his testimony that he had been drinking the majority of the day prior to the assaults, while also indulging in marijuana and cocaine consumption.
Charlesworth explained that “to the uninitiated, the charge of attempted murder may be perplexing at first instance, especially if too much emphasis is placed on the word ‘murder’ in the title of the offence.”
The judge noted that the victim who was stomped and run over by the snowmobile did not die and, in her estimation, Kovic did not have the intent to murder or cause bodily harm to the extent that it resulted in death.
“As it was not proven that Mr. Kovic set out during the attack to kill (the victim), a conviction on attempted murder is not found,” Charlesworth stated definitively in sentencing. However, “Mr. Kovic’s anger and diminished impulse control resulted in a horrendous attack on (the victim) that must attract significant criminal law consequences.
“There is no question FASD and substance abuse are plagues in Nunavut and played a role on the evening of Dec. 27, 2019. The issue of whether these impairments frustrated the formation of the specific intent necessary to be found guilty of murder or attempted murder is unnecessary for me to decide…. (While) there is no doubt Mr. Kovic wanted to significantly hurt (the victim), there is significant doubt that he intended to kill him,” the judge concluded.
The court case was prolonged due to the maternity leave of Kovic’s lawyer.