ling instruct

12-year-old trapped under overiurned boat

Katharine Hamer News Reporter khamer@nsnews.com

ANDREA (Andy to her friends) Francis could never have guessed that a day out on the water might end in a near-fatal accident.

But her parents believe if it wasn’t for the quick thinking of Andy's sailing instructor, their daughter might not be alive today,

During a sailing lesson Aug. 1 at West Vancouver Yacht Club (WVYC), Andy's Laser H boat turtled (turned upside down), leaving her

trapped beneath the

“It was just a

that sort of thing.”

—— Jennifer Walker 12-year-old

Andy, a competitive

- swimmer, had been sailing for two years and

reached the Bronze IV level of her Canadian

Yachting Association (CYA) training. The CYA

administrates seven levels of sailing classes,

with Bronze IV being the level at which partic-

ipants begin to learn racing tactics.

Andy had practiced capsizing and turtling mancouvres many times, but on this occasion she was dragged into the rigging, with her life- jacket, and harness pinning her against the upturned boat.

Her instructor, 22-year-old Jennifer Walker, was following in a staff boat. She dove into the water and under Andy’s boat to extract her from the rigging.

Walker found Andy had gone limp and stopped breathing. She pulied her into an air pocket cleared her airways and performed

‘Witness, fellow workers

help out

“> From page 1

she fell forward and under the

car,” said de Beaupre. He

immediately used his cell- phone to call 9-1-1.

Steve Ronan, a Subaru “mechanic and Thi Heng, one of the'dealership’s sales staff,

grabbed a jack from the shop and used it to lift the car off the girl.

“The corporal at the scene

certainly felt that because - they took that action it pre- ‘vented her from Suffering a “more iserious injury,” said “RCMP media liaison officer “Const. Dan Guilfoyle yester- day.

“rhe victim. was transport-

ed to Lions Gate Hospital by . BC Ambulance Service with non-life threatening injuries.

According to Lions Gate ‘Hospital spokesman Clay Adams, the. girl is in stable condition and. recovering well, although he added that «je could be a long process.

No charges will be laid as a result of the accident.

cence,” said

appeal.

freak accident. (Nothing) can prepare you for

Markovitz yesterday. “This case should never have gone to prosecution.”

The Crown presented its case in June'at North Vancouver Provincial Court, after which Ellan adjourned the trial to this past Monday. The tial was moved to the Vancouver provincial court house on Main Street.

Ranger had gone to Khan’s townhouse to apprehend Khan’s six-year-old granddaughter, a child deemed “at risk” in the home. The child is the daughter of Khan’s eldest son Faisal and his late wife Naazish. The baby was ovo months old when Naazish was murdered in December 1993. She was killed in the Khan family’s British Properties home.

In 1996, Rashida was found guilty of the second- -degree murder of 23- “year-old Naazish. Her murder conviction was overturned by the B.C. Court of Appeal. Rashida’s husband Abdur is serving a life sentence with parole eligibility after 10 years in jail. Abdur’s 1995 ‘murder conviction was upheld on

CPR. WVYC instructors are all certified by che CYA and have all received first-aid training. When it appeared that Andy was o.t of immediate danger of drowning, Wetker brought her to the surface and helped the other instructors, Kyle Touhey and Nick Vaissbluth, get her into the chase boat.

“[t was quite a heroic act,” said WVYC gen-

eral manager Martin Wale, who describes the accident as “an unfortunate incident” ina generally safe sport. Ir was the first such incident that Walker, a first-vear law student at UBC and sailing instructor of six years” standing, bad wit- nessed. “It was just a freak accident,” she said. “There are no courses or training that can prepare you for that sort of thing.”

Andy was transported to shore where 9-1-

1 was called.

Andy was examined on site, but the

attending paramedics decided not to take

her to hospital. Her father Rick Francis

said they had her sign a release form saying she was OK.

Andy was later taken by her parents to the emergency department of Lions Gate Hospital, where she was kept in overnight for observa- tion and treated for mild hypothermia, low blood oxygen and irritated lungs.

Walker and sailing director Kevin Black met the family at the hospital and gave statements to medical staff there.

Andy's experience didn’t put her off sailing. Two days after the accident she was “back in the saddle,” said her proud father.

Said Rick Francis of Walker, “Quite literally, she saved our daughter's life and we cannot find words to express the depth of our appreci- ation.”

Said Walker, “I'm just really happy that Andy’s OK. That was my main concern.”

Charge stems from child apprehension attempt in February

Deana Lancaster

News Reporter dlancaster@nsnews.com NORTH Vancouver grandmother Rashida Khan was acquitted of assault in Vancouver Provincial Court on Monday.

Provincial court Judge Carol Baird Elan found Khan, 51, not guilty of assaulting

social worker Cheryl Ranger on Feb. 18. “The judgement speaks for her inno-

Khan’s_ lawyer, | Daniel

RASHIDA Kthan was acquitted of assaulting the social worker who tried to apprehend her grandchild.

HEWS photo Terry Peters.

SAILING instructor Jennifer Walker (left) saved Andy Francis from drowning when her boat capsized.

f assault

Ranger, a social worker for, five years, worked in the intake investigations team on the North Shore for the Ministry for Children and Families.

During the assault trial Ranger testified that nwo days before the apprehension attempt, she and a supervisor met with Faisal concerning his daughter. He did not show up for a subsequent meeting with the ministry workers. The social workers decided to “remove” the ‘child from Rashida’s home as there was “a level of risk for the child in the home,” testified Ranger.

During the trial a North Vancouver

. RCMP officer testified that on the day of the apprehension attempt, he told

~ Rashida there had been burglaries in the area and he was looking for a suspect. He asked to sce her residence to check it out for burglars, but in fact was looking for the child.

“They used this ruse to somehow get in her house,” said Markovitz.

’ Ranger -testified that Rashida ‘said that Faisal and. the little girl had to leave Rashida’s home, but hat Faisal had left a

note regarding his “plan. ” Rashida gave it to Ranger to read, who

then put it in her daytimer.

Tt was in her attempt to get the note back that Rashida grabbed hald of Ranger’s arm, marking it.

According to Markovitz, the judge believed Rashida’s defence that she grabbed on to the social worker's arm to keep from falling. Rashida has one leg noticeably shorter than the other. He

added that even if it hadn't been an accident, the judge said she. ’ would have acquitted Rashida because she was acting in defence of

her property. “FE think this judgement shows the the police’s and the min- istry’s conduct was less than appropriate in. this case,” said

Markovitz.

-Har-El Synagogue says shalom te new rabbi

Katharine Hamer | News Reporter khamer@nsnews.com

THERE’S a new man in charge at

"West Vancouver’s Har-E] s nagogue. ar-El a few

: Rabbi Shmuel Birnham arrive weeks ago from Asheville, North Carolina.

He and his wife, Sara, son David, and apricot

standard poodle, Shoshi, drove 6 ,000 miles from the small mountain town to’ the shores of

Vancouver.

The whole family seems pleased with their new home. According to Rabbi Birnham, seven-year- old David said, “Thank you very much for bring- while Shoshi. has been enjoy-

ing us here, daddy,” ing the dog park at Ambleside.

could go to'a Hebrew day school. He will attend the Talmud Torah school downtown.

The rabbi had never seen. Canada’ before he came here for an interview back in March.

‘See Birnham page 5

art OT £ reason for heir move , P, t of the for ut ¢ was so David

“We had no idea s we could have mountains and ..

Bear scare tactics limited

From page 1

scare” kits from a communi- ty group some months ago, but have yet to be trained in their correct use. According to Hahn, his department has been unable and unwilling to provide the training until the Ministry of . Environment presents a procedure and strategy on the use of the kits, due to liability con- cerns.

In the meantime, RCMP officers continue to impro- vise scare tactics using whis- thes and horns, when they feel it is safe to do so.

But both Hahn and the RCMP contend that the kits would not have been useful in this situation, since there was nowhere for the bear to safely be chased.

Although total numbers are down so far compared to fast year, Kirkaldi said bears are entering a phase where all they can think about is fattening up for hibernation and more bears will be lured down by the prospect of free food.

She believes society is wrongly vilifying the bears, when they’re actually the victims. “One zeally irate res- ident (at the scene) said, ‘better the bear than my chil- dren.” Well, bears don’t come down here tc eat your children,”. Kirkaldi said. “Bears come down because they’re ; hungry; garbage (that’s) improperly stored, bird feeders, compost —

‘that’s what they’re coming

for, This bear died unneces- sarily — once again.” .

Kirkaldi said that part of the pr oblem lies in the min- istry’s policy of not consider- ing two-year-old bears, or bears-that are habitual scav- engers, as worthy candidates for relocation.

“I know on the authority of bear biologists that. rwo- year olds are the best candi- dates for relocation,” said” Kirkaldi. “The truth is that bears who are habituated to humans are actually safer. bears and the least likely. to hurt anyone.” .

Yet Hahn said relocating bears is not straightforward,

since. not all bears are likely’ \..

candidates and even the ones who are, may re-offend... “When we do try to relo-

cate them to an area,” Hahn: | °

said, “they’re pushed out by other bears in. the - areas:

‘ because bears are territorial.

“The only’ place’. they've: . ; :

" got to go is down. They end: :

up in. campsites, logging camps or rural communities and they revert to the same habits ‘People in ‘those communities. don’t Vancouver’s garbage bears in their community.”

Both Hahn and RCMP do. agree that: it

would be beneficial for con- :

servation officers to have a stronger presence, on - the North Shore. Hahn said a:

conservation officer. was‘out: =~ looking forthe ‘bear’ on. -.. Tuesday, but ended his shift’: .°-

at 4:30 p.m. “If we had more

people, we could: respond « : .

better. (and) take {care ‘of

~ more of the problems.” _

Jwant

the ..-