Observer SALMON ARM
Wednesday September 12, 2012 www.saobserver.net $1.25 HST INCLUDED PM40008236
Speedboat operator acquitted
Court: Judge said driver’s actions negligent, but not criminally liable. By Martha Wickett OBSERVER STAFF
A man who drove a speedboat into Copper Island, a crash which later resulted in the death of a passenger, has been found not guilty of two criminal charges. In a decision rendered Sept. 5 in BC Supreme Court in Kamloops, Justice Robert Powers found Todd Gordon Kerr, 39 at the time of the collision, not guilty of one count of dangerous operation of a vessel causing death and two counts of dangerous operation of a vessel causing bodily harm. The crash occurred the night of Aug. 1, 2008. Pattie Lynn McKenna, 24, one of three women and two men onboard the 30-foot Baja Outlaw inboard speed boat, died of injuI find that I am left ries suffered in the colliwith a reasonable sion. doubt... The judge ruled that while Kerr was negligent in his operation of the boat, the evidence Justice Robert did not prove beyond a Powers reasonable doubt that he was criminally liable. COURT RULING He stated that if this was a provincial offence similar to careless driving, he would have been guilty of such an offence. Although Kerr was negligent by driving too fast in low visibility when he was not aware of the surroundings, the judge said the question he must answer under the law is “whether the dangerous manner of driving was the result of a marked departure from the standard of care which a reasonable person would have exercised in the same circumstances.” Justice Powers concluded that while the case is “certainly close to the line..., given Mr. Kerr’s evidence which was not seriously challenged about the thought process he entered into, and the evidence of Ms. Jankowski about his generally conscientious operation of the vessel, I find that I am left with a reasonable doubt...”
JAMES MURRAY/OBSERVER
Taking a spin: Ashley Doyle and Jennifer Letendre enjoy swirling around and around on the Sizzler ride on the midway at the 115th Annual Salmon Arm Fall Fair.
Fair rounds up crowds Event: Attendance figures increase by 1,000 people over last year. By Barb Brouwer OBSERVER STAFF
Paid attendance at the 115th annual fall fair soared with the temperature. Salmon Arm and Shuswap Lake Agricultural Association administrator Kelly Weightman says 8,740 people paid at the gate, up 1,000 over last year. “We are all very pleased. The two years previous were down; this is a turnaround,” said Weightman Monday morning. “I think our Elvis impersonator, the great weather and the motorcycle display were factors.” Elvis impersonator Adam Fitzpatrick drew huge crowds to the stage for each performance and will be welcome to make a return visit next year. The fair opened Friday evening with the national anthem, God Save The Queen and a number comments and presentations. On behalf of the fair, Lucy Schaff, historian and longtime member of
This week A high-flying Shuswap teen is making his mark in an up-andcoming sport. Turn to A15. Singer-songwriter John Clinch will open the season of the fall Songwriters Showcase. See A20.
The Salmon Arm and Shuswap Lake Agricultural Association, accepted a provincial Century Farm Award from constituency assistant Roxina Goodine who was representing Shuswap MLA George Abbott. The first Salmon Arm Fair was held in 1897 and the Salmon Arm and Shuswap Lake Agricultural Association was incorporated in 1911 with one of its mandates being to hold an annual fair and cattle show. Over the years, the association has run the Salmon Arm Fair and maintained and operated the fairgrounds year-round. The association was also created to promote and encourage agricultural development in the Salmon Arm area and to provide a location where community activities could take place. Nowadays, the Salmon Arm Fair provides entertainment and attractions for people of all ages at the three-day event. The focus of the fair is still on agriculture, with competitions and displays
of livestock and fresh produce, along with traditional baking and canning, using of locally-grown foods. Local 4-H groups are there to talk about their projects to fairgoers, and homemakers and craftspeople exhibit their creations. Alf Peterson and his son Allan also received a century award, which is sponsored by the Ministry of Agriculture. “In 1912, Alf’s father Ed acquired 10 acres in the North Broadview area, known then as “the Limit,” and planted a small orchard,” said Goodine, “This was the start of a family generational enterprise, well-known and well-respected…” Next up to the mic, North OkanaganShuswap MP Colin Mayes presented longtime Salmon Arm resident Cindy Derkaz with the Queen’s Diamond Jubilee medal. “Our commitment to Canada is See Volunteers on page A2
Index Opinion ....................... A6 View Point .................. A7 Life & Times ............. A12 Sports .............. A15-A18 Arts & Events ... A19-A22 Time Out................... A23 Vol. 105, No. 37, 48 pages