Peace Arch News News Tuesday, May 15, 2012 Peace Arch
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news Judge jails father for 30 more months, citing ‘risk of future violence’
Child abductor ‘not ready to be released’ Tracy Holmes Staff Reporter
Benjamin James McBeath choked his wife into unconsciousness after she discovered him hiding in her bedroom less than two months after the pair had separated. The “submission hold” was used on his wife three times over the course of that evening last Sept. 27, before McBeath left her semi-conscious in a South Surrey driveway and abducted his three-year-old son. He was arrested that night en route to turn himself in to Surrey RCMP, after his lawyer talked him out of committing suicide. But despite remorse that has been expressed since, the degree of violence against his spouse – along with other aggressive behaviour noted over the course of a sentencing hearing – can’t be ignored, Judge James Bahen said Friday afternoon in Surrey Provincial Court.
“They provide strong inferences of a risk of future violence,” Bahen said. McBeath, 35, has been in custody since his arrest. Friday, Bahen ruled the Correctional Service Canada employee would remain in jail for another 30 months. The sentence includes three concurrent three-year terms, one for each offence committed Sept. 27 – abduction of a child under 16, assault causing bodily harm and being unlawfully in a dwelling house – and two months in connection with an Aug. 31 assault on his wife, File photo minus eight months for time served. Police recover three-year-old last fall. While defence lawyer Mark Rowan had argued that time served followed by proba- nity until there has been an effort to reduce tion was a fair sentence, particularly given the risk he poses,” he said. his client’s efforts while in custody to address In his reasons for sentence, Bahen noted substance-abuse issues and improve himself, McBeath didn’t plan the Sept. 27 assault of Bahen found a firmer message was needed. his wife and abduction of his son. At the “He cannot be released into the commu- time, McBeath was using cocaine and hadn’t
slept for about four days. He had booked an emergency appointment with a family assistance counsellor for the following day. At the same time, the assaults took place in the presence of his son and “posed an extreme risk of catastrophic injury or death to the victim,” Bahen said. Bahen also took McBeath’s unique circumstances as an aboriginal into account, noting McBeath was adopted as an infant by a Caucasian couple, and believed from the time he was 15 years old until just recently that his birth was the result of a rape. Prosecutor Brian Shaw had asked for a sentence of more than two years. Outside court, Rowan note, “It’s unusual for a judge to impose a sentence that is considerably longer than what Crown is asking for. “The judge made some mistakes in some of the evidence that was considered.”
Falcon sets date
Return to PST Tom Fletcher Black Press
The B.C. government has tabled its long-awaited legislation to kill the harmonized sales tax and return to the old provincial sales tax, with some modernization to make it easier for small businesses to administer and pay the tax. Finance Minister Kevin Falcon said Monday that the PST will return as scheduled in April 2013, with exemptions for haircuts, restaurant meals, bicycles, movie tickets, gym memberships and all the other rules it had before. Falcon, MLA for Surrey-Cloverdale, said the only sales tax breaks that won’t return are temporary exemptions that would have expired by now, including energyconserving windows and appliances, and fuel-efficient cars. Tax changes that were made along with the HST will be maintained. That includes a 12-per-cent provincial tax on privately sold used cars, making the tax equal to that paid at a car dealership. Provincial tobacco taxes were increased seven per cent when the HST came in; that tax will continue. Liquor taxes will be adjusted to keep prices the same. NDP finance critic Bruce Ralston said the legislation tabled Monday is relatively simple, with regulations listing the many rules and exemptions still to come this fall so businesses can prepare for next spring. “I think they could have done it faster and they should have done it faster,” Ralston said. Falcon noted an independent panel found the end of the HST will mean $520 million less revenue for the B.C. treasury next year, $645 million less the following year and increasing lost revenue after that. “Clearly, any government in the future is going to have less revenue available to it,” Falcon said. “And obviously, we’re going to have to manage the challenge of bringing back a tax that is less efficient and conducive to economic development.”
Flamenco for moms
Boaz Joseph photo
Flamenco del Mar performers Rhona Segarra and Helen Fehrenberg watch as young colleague Sophia Ludwig, 12, dances a solo at the troupe’s annual Mother’s Day show at Ocean Park Community Hall on Sunday. More than 60 gathered to enjoy goodies and observe traditional dance and music from Spain – this year augmented by First Nations pow-wow dancers.
Charges follow attacks on sex-trade workers
Alert issued after Surrey man released Wanda Chow Black Press
Burnaby RCMP issued a warning last week after a man charged with several sexual assaults was released from custody while he awaits trial. Shalendra Kumar Sharma, 43, of Surrey, has been charged with four counts of sexually assaulting four women, two in December 2011 and the others in 1994 and 1997. He is also charged with four counts of confining the women and one count of kidnapping. In addition, Sharma is charged with two counts of assault and one count of uttering threats in connection with the two December incidents. He was arrested Feb. 17. In February, Burnaby RCMP announced the arrest and charges and asked additional victims and witnesses to come forward. Burnaby RCMP began its investigation after learning of a possible sexual assault and rob-
bery on Dec. 4 against a woman, a sexSharma, who works as a labourer trade worker, who had been taken to in a manufacturing plant, was not Burnaby from the Downtown Eastside. known to police prior to these inciDue to the nature of the assault, it dents, Critchley said. became Burnaby RCMP’s No. 1 priorTo help jog the memories of possible ity, said Burnaby RCMP Chief Supt. victims and witnesses, police released David Critchley at the time. a list of vehicles which Sharma owned Immediately, Burnaby RCMP notior had access to since 1994: a 2007 fied Vancouver Police Department. red Ford Escape from October 2006 which then took steps to warn other to the present; a 2003 blue Ford sex-trade workers in the area, he said, Shalendra Sharma Explorer, from January 2004 to Febcharged stressing the two police agencies – and ruary 2010; a 1997 red Ford Explorer more than 50 officers – have been from March 1999 to October 2006; working closely together on the file. and a 1991 red Pontiac Sunbird, from January A second sexual assault took place in Burn- 1994 to May 1997. aby on Dec. 18, which investigators believed Anyone who may have witnessed or been was linked to the first. the victim of an assault, sexual assault or theft In all four cases, the victims were sex-trade by someone driving the vehicles associated workers taken from the Downtown Eastside with Sharma is asked to call Burnaby RCMP, to South Burnaby where they were sexually 604-294-7922, or to remain anonymous, assaulted. Crimestoppers at 1-800-222-TIPS (8477).