A man convicted of careless driving following a fatal head-on crash won't lose his drivers licence. (file photo/NanaimoNewsNOW)

By Ian Holmes

fatal crash

Driver guilty of fatal Cedar crash fined, avoids driving prohibition

Jun 25, 2021 | 12:08 PM

NANAIMO — A man convicted in a crash south of Nanaimo which killed a well known retired police officer is keeping his drivers license.

Conrad Nikolaus Wetten, 25, was handed a $1,500 fine on Friday, June 25 at provincial court in Nanaimo for driving without due care and attention. He was behind the wheel of a pickup truck which crossed the double yellow line and crashed into an oncoming truck on Cedar Rd.

The Dec. 22, 2018 crash killed retired Abbotsford Police sergeant Shinder Kirk, 59, who was driving the other truck.

Wetten was found guilty this week of the Motor Vehicle Act infraction by provincial court judge Karen Whonnock following a trial.

She stressed Wetten was sentenced for a Motor Vehicle Act infraction and wasn’t being judged through the lens of a criminal code offence of causing Kirk’s death.

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“This is a very important difference in the law. Although I can understand how the public may be critical of what appears to be a form of legal hair-splitting,” judge Whonnock said.

She determined Wetten wasn’t impaired, distracted, driving recklessly or speeding just before the crash.

The judge is satisfied Wetten will drive more carefully and was satisfied with his level of remorse shared with the court. .

A driving prohibition wasn’t implemented due to Wetten requiring a vehicle for his construction job.

“I find that this employment requirement of maintaining a drivers license will be sufficient to deter Mr. Wetten from any future acts of careless driving.”

Crown prosecutor Ken Paziuk unsuccessfully argued for a driving ban of 12 to 18 months.

Wetten has a checkered driving history with 13 infractions on his record. Two speeding tickets were issued to Wetten since the fatal crash, judge Whonnock noted.

The judge said Wetten’s driving record is clean since July 2019 when he began working for his current employer in the construction industry.

Wetten had no comment for NanaimoNewsNOW following Friday’s decision.

Kirk had a distinguished policing career with the Vancouver and Abbotsford police departments. He held media liason roles with the Integrated Gang Task Force and Combined Forces Special Enforcement Unit.

Tributes to Kirk poured in following his tragic death, including from Premier John Horgan.

Two passengers in Kirk’s truck were injured in the fatal head-on collision.

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ian@nanaimonewsnow.com

On Twitter: @reporterholmes