ew trial Court of Appeal THE B.C COURT of Appeal has ordered a new trial for the driver of a runaway dump truck thal killed two people and injured five others at the Horseshoe Bay ferry terminal in July 1990, By Brent Mudry Contributing Writer Jalinderpal Singh Ubbi, new 27, was initially convicted of criminal negligence for failing to cheek and adjust the brakes on his overloaded asphalt truck. He was sentenced to five years in jail, But the high court ruled new evidence that Ubhi may be mildly mentally retarded should be adimit- ted and may serve as a valid defence to charges of criminal negligence. “The jury might have concluded that Gohi. functioning at the fevel of a six- or seven-year-old child. lacked the capacity to understind the necessity of consistently ensur- ing that the brakes of a complicated trucking system should be main- tained in proper working order.” Madam Justice Anne Rowles noted in a unanimous decision of the three-judge court released Wednes- day in Vaacouver. On July 9. 1990, the truck hat Ubhi was driving for A-1 Paving Ltd. Jost its braking pewer and crashed into a Ford passenger van at the ferry terminal, dumping a load of steaming asphalt on a van full of vacationers. An Ontario woman and ker nine-year-old daughter died of asphyxiation, burns and head injuries as 4 result of the accident. The woman's husband, seven- year-otd daughter, and a Kelowna family survived: . Ubhi had stopped at the velun- lary brake-check station at the top of the 12% grade leading to Horseshoe Bay, but made no brake adjustments.: TWO PEOPLE were killed in this a parked van. The truck had !05 truck driver had not adjusted h for ihe truck driver based on e He had been wamed cartier at North Vancouver asphalt plant (hat his 16.47-ton load was too heavy. fn February 1990, Ubhi was sert- tenced to [8 months in jail. The jail sentence was later increased to five years, with B.C. Court of Appeal Madan Jusuice Mary Southin noting that society needed to be’ protected from Ubhi. rules evidence about tru aes arora ares a ae wh IS . Flighways department officials were unable to comment on whether changes in brake-cheek procedures recommended by a sub- sequent coroner's inquest hid been followed up. The Superintendent of Motor Vehicles cancelled Ubhi's driving licence on Jan. 5, 1002, citing an unsolicited report from an anony- N. Vancouver resident touts white witch power A NORTH Vancouver witch says she is teed of the perse: cution of Witches most recent- ly exemplified by the special treatment the NDP gave Sam Wagar. By Douglas Broome ‘Contributing Writer Said Lucy Ridley. “San Wagar (he deposed NDP candidate in Matsquid isa white witch, Soe anf. So are many ethers, We've been around fora tong time. but we tesi~ tite to stand up and be counted. “IH there were more white witch- es in politics, [ guarantee we'd have net-culy a cleaner eavironment but a healthier society with less vio- lence and crimes she said. Atbof fer dite, Lucy Ridley Kaew something was profoundly different about herself, Baton wast untih L990 that she realized she was a wiich. She happened to pick up it book, The Power Of the Witch. “te described everythiag believed. TUwas an eye-opener.” she sad. Her mother and grandmethet had the “gift as Riley calls a but in their day thes were called char: CALE US: SAM WAGAR . vowant calher thar witthes, “Pye always been aware of if Cher differenges), bar P didi) &noss What the inune Wis, “The closest Pgotas whi boas WSs auamdtathes took a took itt mean said My Gia sau re al Do you supy ancient Briton, meaning in the spiritual sense. White witches use their powers for healing much as shamans do, wbile black witches cast spells to party people,” she said, She hits a simple altar in her apartment adorned with natural arti facts representing the four elements of corti. ir, fire and water, She would prefer ta be living in ihe cauntey, bat lier gob as a carpa- rate aiceoual eaccuuve keeps ter it yon sa she compensates walht a profusion of greenery in fer home, Witches Were persecuted by the Christian church for centuries. she witid, because the witches’ feminist aod onatriarchad bedieds and their celebration of sexuality were threat cme terhe church, as was the witthes” belief unat lowe can exist between niemtbers af the ssime sex. The women’s movement bis rehtndicd taterest inWicea, a betiet that is deeply female, “My tis money is going to mul: meuburebisen aad recognizing everyone who walks the cared Well do walk the cab” she said. adding witha daagh. “Though use wily Pfloat abowe it” Necording to Ridley. hier rhe web cotter trot phive ef univer wl day, ay cras BE mous health-care professional expressing concern over his mental ability to function as a driver. Fifteen months before the origi- nal trial. a neurologist and a psychi- atrist found evidence of mild men- tal cetardation, but neither defence counsel nor prosecutors were noti- fied by Ubhior his lather. Justice Rowles, supported by driver’s mental state admissible NEWS photo 1990 accident at the Horseshoe Bay ferry terminal involving a truck foaded with hot asphait and t its brakes when it slammed into the van at the bottom of the hill leading to the terminal. The brakes at the brake-check station located near the top of the hill. A new trial has been ordered yidence about his mental capacity. Justices Lance Finch and Hugh Legg. noted that Ubhi may have been “incapuble of being aware of or appreciating the risk of harm to others he was creating without adjusting the brakes.” ; At trial, Ubht claimed he had checked the brakes, but he was con- tradicted by mechanical experts who inspected the truck, B.C. Supreme Court OKs non-union picket right for WV workers NON-UNION construction workers, who chim they have not been paid for work ond West Vancouver con- dominiuns project, received a boost from tbe B.C. Supreme Court Thursday when they were told they could continue to picket the pile, By Kevin Gillies Contributing Writer A dernbered compuny os cied by the Buron Company applied for an inguuclion to stop the Workers fron picketing of inter fermye with business at the Bellevue Avenue worksite. AD UNECE InpuNetion wats granted Fob. 3, But David Smith, ong of the protesters, said Chief Justice William Esson dismissed (of 2}oarticles in the injunction Upphication, The judge noted the workers have aright to sand in the steet ‘THIS WEEK’S QUESTION: (et nen tt jsort the federal government’s move to lower cigarette taxes’ and protest with pickets, The workers claim they havent been paid as much as $4,000 in some cases. Some say they naw face eviction notices at home and repossession of their vehicles. Robert Lehwald, site superin- leadent employed by general vontractots BSC Coastruction, sud the workers” dispute is with their employer. subcontractor Vrans-Northern and its owner Tom Auz. Smith said the workers are aot quarreling with) Triads. Northern, but with Buron and BSC. “We don"t want to get caught up ia the contract dispute. “We just want to be paid for the work that's gone into the ite” fe siti. Sinith said they were told bs BSC to pat a lien on the site to purse what they felt they were owed. Smith represented the work- ers in court because trey couldnt afford a fawyer, ? ————!