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------ -£ 18 - PORT PERRY STAR - Tuesday, July 13, 1999 "Scugog's Community Newspaper of Choice" Impaired driver awaits sentencing in September From page 1 jury returned to announce that they found Mr. Brooks guilty of two counts of impaired driving causing death; two counts of impaired driving caus- ing bodily harm; two counts of dangerous dri- ving causing death, and two counts of dangerous driving causing bodily harm. He was also convicted of driving while exceeding the legal blood-alcohol limit of 0.08. Relatives of the victims welcomed the verdict, and said they hope a stuff sen- tence is imposed. Wendy Gillot, sister of Mr. Fensom, said she has not detected any remorse on the part of Mr. Brooks. "Mr. Brooks has never 14 Years Service YliAeo) [=] shown me anything but antagonism and con- tempt," she said. Mrs. Gillot quit her job in order to look after her mother, who was gravely injured in the crash. She said that she's hop- ing for the maximum sen- tence to be passed down, but couldn't say what kind of punishment would be satisfactory. "My brother and my aunt paid with their lives," said Mrs. Gillot. "My mother will never be the same. "How do you pay for that?" During the trial last week, court heard that Mr. Brooks was westbound on Hwy. 7A near the Island Rd. around 9:45 a.m. on Oct. 26, 1996 when his Chev truck crossed the Gordon found guilty of several charges relating to a fatal crash here almost three years ago. Come see Uxbridge Diane Richardson or Brian Norrish CHEVROLET BUICK OLDSMOBILE PONTIAC GMC CADILLAC GMC TRUCK 852-3331 852-3357 18002263-2000 1877852-3357 centre line of the road and collided with an eastbound Jeep Cherokee. Mr. Fensom, 45, and Ms Scarborough, were pro- nounced dead at the scene. Murray and Ella Fensom, both passengers in the Cherokee, were crit- ically injured in the acci- dent. During the trial, police officers and paramedics testified that they detect- ed a strong odour of alco- hol on Mr. Brooks, who was taken to Lakeridge Health Port Perry. At the hospital, Mr. Brooks was administered a breath test at approxi- mately 12:13 p.m. which showed he had 128 mg of alcohol per 100 millilitres of blood. The legal level is 80 mg. Brooks was ~~ 23 Years Service Res: 905- 3997 or 905-433-7351 Humphrey, 69, of Dr. Michael Corbett, a forensic toxicologist, "told the court that based on the breath samples taken after the accident, he would estimate Mr. Brooks' alcohol level at the time of the accident any- where between 117 and 165 mg per 100 millilitres of blood. In his final address to the jury. last Wednesday, defence lawyer Marshall Sack said that his client . just happened to be involved in an "unfortu- nate accident". "I haven't forgotten that two people died; Mr. Brooks hasn't forgotten that. It's been with Mr. Brooks since that acci- dent," said Mr. Sack. "Nothing will bring those people back... This was a horrible -- nothing hore, nothing less -- acci- dent." Mr. Brooks had been drinking prior to the acci- dent, the defence lawyer conceded. But he argued that impairment was not the cause of the crash. Mr. Sack argued his client swerved to avoid a fox and in doing so crossed into the eastbound lane, and into the path of the oncoming Jeep. Crown Attorney Ken Polley asked the jury not to buy the fox theory. "This swerving to miss a fox is nothing but a fairy tale. There's absolutely no evidence of any fox," he said. Shortly after the jury returned with the verdict, Mr. Sack said their pro- nouncement was a con- demnation of drinking and driving, not punishment for his client. "The jury and courts are sending out a clear message that [ would restate," he said. "If you have had even one drink, just simply do not drive your car." The defence lawyer also stated that his client 1s not "a bad person". "In his quiet, private moments, he knows and feels what happened. He has no histery of this, and it has affected him," said Mr. Sack. The Crown -- which opted to only register for sentencing the four counts involving impaired driving causing death and bodily harm ---is expected to seek a prison term somewhere between two and seven years. Mr. Justice Bruce Glass will sentence Mr. Brooks following a hearing on Sept. 16. Mr. Brooks is out on bail until the sentenc- ing. --With files from Rik Davie ALL Free Admission Contact: Jackie or Yvonne DINSTOI BES Re P40) sponsored by healthy communities" MISSISSAUGAS OF SCUGOG ISLAND FIRST NATION ARE NOT RESPONSIBLE FOR PERSONAL LOSS OR INJURY EVERYONE MISSISSAUGAS OF SCUGOG FIRST NATION SATURDAY NATIVES SR Ch NATIVE FOOD AND CRAFT VENDORS WELCONMIE Food $80.00 (no electricity) Crafts $10.00 Contact Anne Harmsworth 905-985-1476 ABSOLUTELY - NO ALCOHOL rough camping available "building 3rd Annual JULY 1 ult WELCOME 7 19 "ay ik e rtbeat" Ng ake, Biim Sko Nodin if OIpson ; tk" Eleaf {2 Sal Directions: Mississaugas of Scugog Island First Nation 1s located North of Oshaw From Hwy 12 and Casino and Bingo* Win8tafi Taylor Nl "A go East 10 minutes and drive through Port Pern «2 km East then go North 10 Kilometres on Island Road Powwow Grounds 1 Km past Great Blue Heron xy a WELCOME - NO PETS SLAND 99 SHOWN WITH (ol ape] V.\N CABINET 50 minutes n/e of Toronto HEATING (Wh qslglele]e] 852-5726 We've bulldozed High Prices during Dave's Casimir Street Casimir Street in Port Perry is under construction so we're giving you these great deals & our apologies for your inconvenience. 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