Mother
pleasec
driver’s
jail tesm
lengthened

2 - Friday, April 6, 1990 - North Shore News

From page 1
effectively precluded a breathalyser
test within a two-hour period."

Ac 4:48 a.m., Bergen recorded a
breath-alcohol sample of .07, Ar
5:07 a.m., he blew .06 on the
breathalsyer. During the trial an
expert witness testified that
Bergen's blood-alcohol level at the
time of the incident may have been
as high as .10.

But a charge of impaired driving
causing death was dropped by thy
Crown prosecutor during the
January trial.

At the uppeal hearing Wednes-
day, defence attorney Wesley
McHarg asked the panel of jud ses

to dis. flow the entry of an updated
drivir,, record as evidence. Prior to
the Teb. 18, 1989 accident, Bergen
hac four speeding tickets and a
revlight infraction on his driving
record. Following the fatal acci-
dent, Bergen incurred a further
five driving invractions for of-
fences including speeding and
failure to obey a red light. He was
also issued a 24-hour roadside
suspension.

Said Cullen, “‘The latter record
indicates a lack of remorse and
learning....The respondent's
(Bergen’s) moral culpability
deserves a more measured response
from the sentencing process.’”

But argued McHarg, who said
no formal notice was given to him
regarding the entry of new evi-
dence,“*He does have a driving re-
cord, [ submit it is not a bad driv-
ing record. I submit it is not overly
bad. He’s a young man. If he has a
problem, it is his lead foot.’’

**He is a young man who made a
driving error. He lost control of
his vehicle for a split second which
resulted in tragic results,’ he said,
adding, ‘‘This is not a drunk, who
goes out and drives recklessly. This
is simply a young man from good
stock who made a driving error."’

Said the victim’s mother Jan
Kiss following Thursday’s deci-

sion, “I believe they did take into
consideration the new driving re-
cord. tt makes me really sad to say
I'm pleased to see a young man go
to jail, but t have to say I'm glad
to see the change of sentence.”

“Estill frankly don't feet that is
a sufficient deterrent. With good
behavior he will be spending half
of that time,in fact. It should have
been a longer sentence. I'm also
dismayed that our court system is
such that we had to go through
this appeal process. A better job
should have been done the first
time around,”’ she said.

“*tt’s necessary now for the heal-
ing process to begin.’’

L& ve . \Fe

ars

| jackets

| Sizes S-M-L

ane

Oo pn m. - Ss nday 1 Lam — 5pm a

WE RESERVE THE RIGHT TO LIMIT QUANTITIES

‘FLEETWOOD’

pastrami _ > fish & chips : 299

reg. 3.993
‘VANTRO’ |

| potting son 9]

reg. i. 08/100g

‘GREENLEAF’ *2.3Kg °¢ Ready to use

rapid green moss
control Spray “On For planter boxes and vegetables.

res. 9.97 res. 3.99

ee  magl heht bulbs 2 / 3 00

20-1

laun yd =! yy nt us Soft White

40-60-75-100W
reg. 4.99

reg. 1.89 SALE
‘CASTROL’ * 10%30 Only

XLR | photo album 99
motor oil 80-page, assorted colours

reg. 2.09

35% off
infants’ & toddlers dresses

12-24 months and 2-3X

ladies’
spring

«35% off
girls’ Easter dresses

carpet

runners 9 00)

a

OFF E

Asst. colours
27"x72"
reg. 11.99 SALE

We reserve the right
to limit quantities

Price is just the beginning. Sunday 11am to Som

PRICES IN EFFECT WHILE QUANTITIES LAST =

“4 ~ mn a ns

Wolo

925 Marine Drive North Vancouver 988-6311
Monday to Wednesday 9:30 a.m. - 6 p.m.
Thursday and Friday 9:30 a.m. - 9 p.m.
Saturday 9 a.m. - 6 p.m.

Sunday 11 a.m. - 5 p.m.

NORTH VANCOUVER

CAPILANO MALL