Editor:
The unduly light sentence of five months for causing a fatal accident in Olivia Malcom case is shocking, arguably inappropriate, and probably should be appealed if possible.
Kudos to Ben Doyle for his splendid, exemplary letter summarizing what is flawed in our broken justice system, its disregard for victims, and the obvious need for reform. Certainly victim families too, need legal representation.
As for the particulars of this tragedy, there are several contradictions and problems.
Did the defendant drive with any degree of care or attention?
He must have seen the car stopped by the bus lane. What would anyone do? Brakes.
But it’s an agreed statement that he never applied the brakes. Why not?
The driver alleged he tried to avoid a heavy truck. Where was it going? In nearly any imaginable scenario, surely brakes would be applied — presuming he was neither distracted nor impaired, as he insists. Why did he not apply the brakes?
His lawyer refers to an “immediate and sincere remorse,” but didn’t the suspect dispose of vital evidence, a whiskey bottle, in full view of many witnesses?
Worse still, in spite of all this and alleged histrionics, he was caught driving while prohibited.
Was there “sincere remorse”? That claim impresses no one, and fools no one.
The lawyer alleged ”no evidence that the driver was speeding, distracted or driving erratically,” but where does this argument lead us? “Not speeding” implies there must have been more time to travel “50 feet or so,” apparently even up to 1.5 second. Why did he not touch the brakes in all that time?
How can anyone accept both lines of thinking at once?
Should there have been a trial on more serious charges? Why were the charges suddenly changed just 12 days before the hearing?
What went on behind the scenes?
And why so much secrecy? Does everything legal have to be behind closed doors? “The matter is before the courts” is an old and over-used cliche. Stepping on victims is not acceptable.
The whole “justice” system is broken. Reform is badly needed, has been for decades.
Marilyn Vanderheyden, New Westminster
