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Update on a.b thread from May 05: Another Cyclist Fatality (in Canada)

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Old January 10th 06, 11:58 PM posted to aus.bicycle
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Default Update on a.b thread from May 05: Another Cyclist Fatality (in Canada)

Received a update on this a.b thread from May 14 '05, initially posted
by Gags:



Comment left by Duane Forth, Kyles dad: Update, December 15 2005 - The
verdict is in!

-Leonard Kowalewich has been found guilty of the charge of "operating a
motor vehicle without due care and attention" in the collision which
took our son's life. We have a conviction but still not the slightest
sign of remorse or condolence. Mr. Kowalewich sat virtually without
emotion for the entire trial, including during the description of a
collision scene so gruesome it caused a veteran police officer to choke
up with tears on the witness stand. The court was stunned when
Kowalewich, under cross-examination by the Crown Counsel, said he
didn't believe he had done anything wrong and would in fact do the same
thing again. He could not understand why the bicycle ran into his van.
Judge Ernie Quantz sentenced him to a $1500. fine and a six month
driving prohibition. This was close to the maximum penalty for this

I did not then, or even still now, grasp the full implication, but
Crown Counsel said to us as we were leaving the courthouse that in his
judgment His Honour (Judge Quantz) had in effect created a new law that
could come to be known as "Kyle's Law". I could be wrong but the gist as
I understand it is that since cyclists are so much more vulnerable than
drivers, drivers owe them greater consideration than other vehicles and
if they deny them their rights the penalties would be stiffer.

Victoria Times Colonist's Kim Westad's report can be read here.

That something positive could have come from that trial is a huge
surprise and somewhat heartening.-



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