JAFFER e@ca.ab.edmonton-strathcona 2000-11-27 federal election
category e is education election employment athletics
JAFFER
Rahim
Canadian Alliance Party
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JANSSENS e@ca.on.kent_county.wallaceburg.wallaceburg_courier_press 2003-07-16 published
category e is education election employment athletics
Man's sentence offends family
Cheryl HEATH
Courier
Press staff
Things didn't always come easily for William Bob
HETHERINGTON,
know to Friends and family as "Bobby," but he is nonetheless
described as a "happy go-lucky" sort of person.
On January 25, 2002, Bobby was walking across the Murray Street
bridge when he somehow lost his footing and ended up laying on
the road. The Chatham-Kent Police Service knows that much is
true as a witness flagged down a cruiser to report the sighting.
The motorist then headed back to where the man was laying. It
was at that moment when the witness saw another motorist drive
over Bobby.
According to the coroner's report, the 39-year-old was killed
instantly. The now 48-year-old motorist took off, but was later
tracked down and charged with a number of offences, including
impaired driving causing death.
HETHERINGTON's family in Wallaceburg, including older sister
Diana and elder brother Ron, arranged for his funeral with the
assistance of Kevin
CAVANAGH of the Haycock-Cavanagh Funeral
Home. Bobby, who had never married and did not have children,
had been searching for work ever since Libby, known as The Glass,
closed in 1999.
Up until recently, the
HETHERINGTON family did not know of the
fate of the man who ran over Bobby. They had not received any
information from the courts about the accused's court appearance.
Then, a few weeks ago, Diana
HETHERINGTON was working at her
job as a security guard when a friend came by with a copy of
a Chatham newspaper, which detailed the sentence handed to the
man charged in her brother's death. The motorist, Harvey
SEARLE,
was given 20 months of house arrest on the charge of impaired
driving cause of death.
SEARLE was also given two years of probation
and a four-year driving prohibition.
Diana couldn't believe her eyes. She had imagined the perpetrator
would be facing a couple of years in jail. It hadn't crossed
her mind that the accused would be allowed to continue going
to work while serving a sentence at his own residence.
"We figured he wouldn't have gotten a slap on the hand and sent
home," she says. What she finds particularly ironic is society
largely condemns impaired driving, but once convicted, drivers
tend to face lenient sentences meted out by the courts.
"Police work hard to get those drunk drivers off the streets
and the judge just sends them home," she says. "There is no justice
here."
Diana says her family is also saddened to note light sentences
for impaired-driving related deaths are relatively commonplace.
"It happens all of the time," she says. "The
HETHERINGTON family
is not alone."
The sentence meted out to the man who took Bobby's life brings
no comfort to the
HETHERINGTONs.
Indeed,
Diana notes the driver's
apology, which was read in the courtroom, has not been seen or
heard by the
HETHERINGTON family.
Family friend Dan
JANSSENS echoes Diana's sentiments and says
the lenient sentence handed to
SEARLE highlights the need for
reform to the justice system.
"I definitely think they should enforce the law a bit more --
not that it's going to help Bobby."
Diana, who was closest to Bobby, notes the family has also grieved
the loss of their mother, who died of breast cancer when Bobby
was a teenager, a brother who died from heart-related complications
and the family patriarch a few years ago.
The type of sentence given to the man responsible for Bobby's
life suggests the court system ascribes little value to human
life, says Diana.
"Bobby was just a happy go-lucky guy. He was always laughing
and happy," she says.
Family members are still attempting to set aside enough money
to purchase a grave-site marker for Bobby, whose remains are
resting beside his brother.
Brendan CRAWLEY, a spokesman for the Ministry of Attorney General's
office, reports Chatham-Kent's Victim/Witness Assistance Program
was set up after the initial charges against
SEARLE were laid.
Nonetheless, a protocol was in place. According to Ministry documents,
the Crown was following orders to remain in contact with the
victim's girlfriend. It seems it was assumed all pertinent court
information would be passed along to Bobby's family members,
says CRAWLEY.
"I suppose that it wasn't the case," he says, noting it is unfortunate.
CRAWLEY adds the Crown was seeking a jail term of between 18
to 24 months for
SEARLE, but the judge chose to mete out the
sentence as presented.
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