October 31, 2014 - 12:21 PM
"I WOULD BE REMISS IF I DID NOT EMPHASIZE THE DISASTROUS CONSEQUENCES OF MR. FEDAN'S ACTIONS."
KAMLOOPS – Moral blameworthiness was the principle a Kamloops Supreme Court Justice used to sentence a man guilty of killing two passengers with his dangerous driving to three years in jail.
In addition to jail time, Justice Deborah Kloegman gave Wayne Fedan, 53, a three-year driving prohibition in Kamloops Supreme Court Friday morning. He is required to submit a DNA sample for records.
In September, Kloegman convicted Fedan of two counts of dangerous driving causing the deaths of Brittany Plotnikoff, 20, and Ken Craigdallie, 38. The trio had been drinking whiskey before Fedan sped off reaching speeds more than twice the posted limit and rolled his pickup truck near Mackenzie Avenue. Plotnikoff was killed instantly while Craigdaillie later died from his injuries.
Kloegman said what made the crime worse was the fact his passengers died, his pattern of dangerous driving which was noticed by a witness, the fact he didn’t advise his passengers to wear seatbelts and the amount of alcohol he consumed before driving.
“I would be remiss if I did not emphasize the disastrous consequences of Mr. Fedan’s actions,” Kloegman said.
She mentioned the four victim impact statements submitted by Crown on Thursday morning and drew attention to the effect the deaths of Plotnikoff and Craigdallie had on their children.
Fedan’s original impaired driving causing death charges were stayed after Kloegman tossed two of his blood samples – which proved level of intoxication - from evidence. The samples were ruled inadmissible because the way each was acquired breached Fedan’s charter rights.
“Although I did not convict Mr. Fedan for impaired driving or driving over the legal limit, I can take into account his alcohol consumption on sentencing period for dangerous driving,” she said.
Kloegman added when determining a sentence she took into account Fedan’s injuries sustained from the crash, his letters of support and the extensive publicity he has faced.
On Thursday, Fedan’s lawyer Anthony Varesi asked for a two-year jail sentence and a told the court his client did not have problems with alcohol or substance abuse.
“I question the veracity of this statement (on alcohol),” Kloegman said.
Kloegman said Fedan expressed remorse when he made an open apology to the families in court. She said she believes Fedan is unlikely of committing a similar offense in the future.
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News from © InfoTel News Ltd, 2014