Comment left by Duane Forth, Kyles dad: Update, December 15 2005 - The verdict is in!
Leonard Kowalewich has been found guilty of the charge of "operating a motor vehicle without due care and attention" in the collision which took our son's life. We have a conviction but still not the slightest sign of remorse or condolence. Mr. Kowalewich sat virtually without emotion for the entire trial, including during the description of a collision scene so gruesome it caused a veteran police officer to choke up with tears on the witness stand. The court was stunned when Kowalewich, under cross-examination by the Crown Counsel, said he didn't believe he had done anything wrong and would in fact do the same thing again. He could not understand why the bicycle ran into his van. Judge Ernie Quantz sentenced him to a $1500. fine and a six month driving prohibition. This was close to the maximum penalty for this offence.
I did not then, or even still now, grasp the full implication, but Crown Counsel said to us as we were leaving the courthouse that in his judgment His Honour (Judge Quantz) had in effect created a new law that could come to be known as "Kyle's Law". I could be wrong but the gist as I understand it is that since cyclists are so much more vulnerable than drivers, drivers owe them greater consideration than other vehicles and if they deny them their rights the penalties would be stiffer.
Comment left by Duane Forth, Kyles dad: Update, December 15 2005 - The verdict is in!
Leonard Kowalewich has been found guilty of the charge of "operating a motor vehicle without due care and attention" in the collision which took our son's life. We have a conviction but still not the slightest sign of remorse or condolence. Mr. Kowalewich sat virtually without emotion for the entire trial, including during the description of a collision scene so gruesome it caused a veteran police officer to choke up with tears on the witness stand. The court was stunned when Kowalewich, under cross-examination by the Crown Counsel, said he didn't believe he had done anything wrong and would in fact do the same thing again. He could not understand why the bicycle ran into his van. Judge Ernie Quantz sentenced him to a $1500. fine and a six month driving prohibition. This was close to the maximum penalty for this offence.
I did not then, or even still now, grasp the full implication, but Crown Counsel said to us as we were leaving the courthouse that in his judgment His Honour (Judge Quantz) had in effect created a new law that could come to be known as "Kyle's Law". I could be wrong but the gist as I understand it is that since cyclists are so much more vulnerable than drivers, drivers owe them greater consideration than other vehicles and if they deny them their rights the penalties would be stiffer.
That something positive could have come from that trial is a huge surprise and somewhat heartening.-
This is good. In my opinion the sentence is far too light but from the article that's close to the maximum penalty allowed for this offence.
Does anyone know what offence the driver would be charged with if he had turned in front of a car, and killed the occupants of the car that would have hit him? In Australia, what would you then be charged with? And maximum penalty?
-- TimC My cats are forbidden from walking on my computer keyboard on the desk when I'm asdfjjhhkl;ljfd.;oier' puyykmm4hbdm9lo9j USING IT. --unknown
