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Delivery driver smashes into car, runs from police

Terrence McEachern
Northern News Services
Published Wednesday, April 6, 2011

SOMBA K'E/YELLOWKNIFE - A Yellowknife man who delivers wood and flowers to earn a living was given a hefty fine and a driving ban in territorial court on March 29 after being convicted of refusing a breathalyzer and running from police.

"Things seem to be falling off the rails for you," said Judge Robert Gorin before giving Robert Alan Essery, 51, an $1,840 fine and an 18-month driving ban for refusing the breathalyzer and 15 days in jail and a $50 fine for obstructing justice.

Gorin asked defence lawyer Jeremy Walsh how long his client needed to pay the fines. Walsh asked for one year.

"I'll give him nine months," replied Gorin.

Gorin said he remembered sentencing Essery to his first conviction in 2007. Since then, Essery has accumulated several convictions for possession of cocaine, breaches of probation and not showing up for court, he said.

Crown prosecutor Jill Andrews told the court the Yellowknife RCMP received a complaint of a red pick-up truck with a load of wood in the box driving erratically on Old Airport Road at 5:42 p.m. on Nov. 10, 2010. The complainant said she saw the truck turn right onto Old Airport Road from Borden Drive, and continue towards downtown, driving in the middle of the road and at times swerving from side to side. Shortly after, she saw the truck again, this time driving back up Old Airport Road and taking a "wide left" onto Range Lake Road. The truck then proceeded to turn into a parking lot where it slammed into a silver car and was met by the RCMP, said Andrews.

Before the police officer got out of the vehicle, Essery got out first and took off his jacket, yelling "I wasn't driving!" He then fled the scene by running through a ditch and down the road until he was eventually caught by the officer. Andrews said the Mountie found an open bottle of vodka in the cab of the truck. Essery was taken to the detachment where he refused to provide a breathalyzer sample.

Andrews requested a fine of $1,600 and a 16-18 month driving ban. For resisting the officer, she asked the court for 15-30 days in jail.

"Obviously he was in no condition to be driving," she said.

Walsh said his client moved to Yellowknife in 1974 from Ontario and has had various jobs over the years, describing him as a "jack of all trades." He had asked for the standard 12-month driving ban so his client could get back to delivering wood and flowers as soon as possible.

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