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McGill Road Crash

BC Conservatives want ‘judge and jury’ to weigh in on fatal TRU crash

Nov 30, 2024 | 11:00 AM

KAMLOOPS — The B.C. Conservative Party wants a judge and jury to weigh in after Kamloops RCMP confirmed that criminal charges will not be laid against the driver who caused the crash that killed TRU WolfPack athlete Owyn McInnis last November.

McInnis, Owen Waterhouse, and Riley Brinnen were in a Volkswagen which was stopped at a red light, when – according to the RCMP – it was hit by a pickup truck which had lost control in the area of McGill Road and University Drive, near the TRU East Gate.

The truck was being driven by Colval Abbinett who has been charged under the Motor Vehicle Act with one count of driving without due care and attention and one count of driving without reasonable consideration for others using the highway.

If convicted, Abbinett – who is due to make a court appearance on Dec. 23 – could face a maximum fine of $2,000. He could also be banned from driving.

“The McInnis family has a very reasonable request; have a judge and jury determine if the driver is guilty of criminal actions in an open court,” BC Conservative Finance Critic and Kamloops-Centre MLA Peter Milobar said, in a news release.

“His innocence or guilt should not be pre-determined behind closed doors.”

“Considering the amount of evidence produced in this case by the RCMP, common sense would suggest that, at a minimum, criminal charges should have been supported and the accused made to sit in front of a judge and jury,” Kamloops-North Thompson MLA Ward Stamer added.

“For crown prosecutors to say they require a higher standard in a case such as this is, frankly, insulting to the victims and their families who deserve more from both our legislators and justice system.”

Kamloops RCMP spokesperson Cpl. Crystal Evelyn told CFJC Today that Abbinett was not impaired by drugs or alcohol and remained at the scene of the crash.

“There is a court date that’s scheduled in relation to that, as well, and hopefully some more of the related details and questions that the public may have will be answered through that process,” Evelyn said.

“The detachment remains committed to working with the families of the victims involved going forward.”

Friends and family of the affected WolfPack athletes told CFJC Today they’re hoping to see criminal charges laid They’re also circulating a letter for people to sign in a bid to get BC Attorney General Niki Sharma to “comprehensively” review the case.

In the form letter, they claim there is evidence that Abbinet was driving “at a high rate of speed, more than double the posted speed limit of 50 km/hr” at the time of the crash.

Those claims have not been confirmed by Kamloops RCMP or the BC Prosecution Service.

“It is outrageous that when reckless disregard on our roads leads to the death and lifelong injury of innocent university students, our laws respond with nothing more than a slap-on-the-wrist and the victims are not compensated for a life shattering event,” BC Conservative Leader John Rustad, said in a news release.

“Cases of such gravity demand the scrutiny of a judge and jury- not the discretion of a Crown prosecutor alone.”

The newly minted Official Opposition in B.C. also want Premier David Eby to change the no fault insurance policy at ICBC and to make “amendments to the justice system to ensure that victims are prioritized over perpetrators.”

“Reckless, inattentive driving that causes a fatality and serious injuries must carry serious consequences.” Brent Chapman, the BC Conservative Critic for Transit & ICBC, said, in the news release.

Chapman says no fault insurance places limited responsibility on both the insurer and the offender, while shifting an overwhelming burden onto victims.