A focus hearing was cheduled for the charges against Karry Biette, at the April 11 regular sitting of the Estevan court.
Presiding judge Lane Wiegers requested the hearing to obtain the information relating to the charges against Biette, and determine what sort of information and evidence would be discussed in the preliminary hearing. After a brief discussion between the court and Biette’s lawyer who contacted the court via telephone, the date of May 9 was chosen for the hearing.
Biette faces charges of impaired driving causing death, impaired driving causing bodily harm, dangerous operation causing death, dangerous operation causing bodily harm and criminal negligence causing death, after an Oct. 14 accident when a vehicle heading into Estevan struck a tree resulting in the death of one passenger and the hospitalization of another.
Valarie Voth plead guilty to driving impaired, while over the legal limit, and was fined $1,300 by the courts, with a 12-month driving prohibition.
The court heard that on the night of January 29, Voth was found speeding up and slowing down her vehicle erratically at the border port at North Portal, having difficulty lining up her vehicle with the window to talk. Border control agents described her behaviour as “odd” at the time, noting that she was reaching for her pocket looking for keys when told to stop her car. She was given a breathalyzer test after exiting her car, and was found to have blood-alcohol readings of 110 mg/L and 100 mg/L.
Voth’s lawyer noted that this was her first offence, that she has been steadily employed in the area for over a decade, and that she is an active member in several community groups. Voth had been in the U.S. for surgery and had stopped on her way back to Canada to have a couple of drinks with friends before returning to Canada. An apologetic Voth said to the court that her odd behaviour had been her reaching for her passport, and pulling the keys to her vehicle out of her pocket. She said the keys were in her pocket, because her vehicle is a car that uses a push-button-start system.
Wiegers acknowledged that such an incident was clearly out of character, given her high standing in the community, lack of a previous record and contrition for such a matter, saying that was why he chose the mandatory minimum penalty.
Jason McGillicky was ordered to pay $910 in fines after pleading guilty to breaching conditions of his probation from pervious charges of assault and impaired driving, which prohibited him from consuming alcohol or drugs without a prescription, or attending a business that sold alcohol.
The Crown prosecutor stated that police were called to a disturbance at the Suburban Extended Stay Hotel, where McGillicky was found to be intoxicated.
The Crown prosecutor stated that McGillicky was carrying a bag of alcohol products and acknowledge that he was bound by conditions. When police escorted him from the premises, McGillicky attempted to pull away and tried to kick out the back window of the police vehicle. The Crown noted that McGillicky has a record for alcohol issues.
Wiegers noted that such a record is a significant problem, and that he was concerned about the community and the trouble McGillicky could get into, emphasizing that the probation from previous charges would continue to keep him out of trouble, and that jail time would be more likely a consequence, if he keeps violating his conditions.
