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YOUR SOURCE FOR LOCAL SPORTS, NEWS, WEATHER AND ENTERTAINMENT! WWW.DELTA-OPTIMIST.COM The Voice of Delta since 1922 WEDNESDAY, JULY 28, 2010
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Berner guilty on all charges Judge delivered verdict yesterday morning in case of 2008 East Ladner crash that killed Alexa Middelaer BY
JESSICA KERR
jkerr@delta-optimist.com
Carol Berner was found guilty on all four charges Tuesday morning in the 2008 crash that killed a Ladner youngster. Judge Peder Gulbransen delivered his verdict in Surrey Provincial Court yesterday morning before a packed courtroom. On May 17, 2008, Alexa Middelaer and her aunt Daphne Johanson were feeding a horse in the 4300-block of 64th Street in East Ladner when a car plowed into them. The little girl was fatally wounded and died later at B.C. Children’s Hospital. Johanson was seriously injured, underwent extensive surgery and spent four weeks in hospital. After a seven-month investigation that included an undercover operation, Berner was charged with impaired driving causing death, impaired driving causing bodily harm, dangerous driving causing death and dangerous driving causing bodily harm. Berner, 58, pleaded not guilty to the charges but did admit through her lawyer she was driving the car at the time of the collision. In handing down his decision, Gulbransen said that while Berner did not show any outward signs of impairment, the choices she made that day – speeding well over the legal limit on a road she had driven many times; not slowing down over the speed bumps – displayed “inward symptoms that her ability to drive was impaired by alcohol.” That, combined with the breathalyzer test results taken at the police station, lead to the judges conclusion that “... no other rational conclusion can be drawn from the evidence.” Outside the courtroom Tuesday, an emotional Michael and Laurel Middelaer said the judge’s decision marked a “great day for B.C.”, but the decision was not what they expected. “I think there’s certainly a sense of validation in terms of what just happened in that courtroom was something that we didn’t expect... but we were happy for British
Carol Berner leaves court yesterday after being found guilty of all four charges she faced. Columbia. I think it was a great day for British Columbia,” said Michael Middelaer. Laurel Middelaer echoed her husband’s sentiments and said that hearing the judge’s view of all the evidence was reassuring to the family. “Today, I feel as a mother, that my little girl was honoured today and I think that there was common sense and care and deliberation in this ruling and I’m very proud as Alexa’s mom that justice was served today,” she said. “There’s no wins here. There’s no losses. There’s just the revelation that truth was upheld.” During the four-week trial, the
Crown argued Berner was not only impaired at the time of the crash – she told an undercover police officer she had consumed three glasses of wine before getting behind the wheel – but was also driving dangerously in the moments before the collision. After registering a “fail” on the roadside breath test, the samples the accused provided at police headquarters about three hours after the crash registered at .06 and .04. During the trial, defence lawyer David Tarnow pointed out there had been a recall notice issued for steering and braking defects on the 2000 Oldsmobile Intrigue.
A mechanic who inspected the car for Delta police testified he did not see any problems with the steering or the braking systems when he inspected the car. Tarnow argued there is no way to prove beyond a reasonable doubt that Berner’s car had not experienced some kind of mechanical failure. He stated the defence had not been given an opportunity to fully investigate this possibility because the car was sold for scrap in late 2008. After the judge’s decision yesterday Tarnow expressed disappointment with the judge’s decision. “We thought we had a very
PHOTO BY
CHUNG CHOW
good defence to all four counts.” He added that his client, who made no comment to the media at the courthouse, was “very upset” at the outcome. It’s not clear yet whether or not an appeal will be launched. Tarnow said that decision will be made after Berner is sentenced. Crown prosecutor Winston Sayson said the maximum sentence for impaired driving causing death is life imprisonment and the maximum sentence for dangerous driving causing death is 14 years. Sentencing has been set for Nov. 8 to allow time for a pre-sentence report and a psychological assessment.