SOMBA K'E/YELLOWKNIFE
A Yellowknife man has been fined $1,500 and is prohibited from driving for two years after a crash last summer that sent two Japanese tourists to hospital with serious injuries.
Genanaw Tamene, 43, was convicted of careless driving under the Highway Traffic Act and sentenced by judge Garth Malakoe in Territorial Court on Monday. A charge against him of failing to yield to pedestrians in a crosswalk was stayed, meaning the charge has been dropped but could be refiled at a later date.
Court heard Tamene was making a left turn onto Franklin Avenue from 49 Street in the early evening last Aug. 14 when he struck the middle-aged couple from Japan - Tatsuya and Atsumi Matsuura. They were crossing from the post office to the A&W restaurant in the crosswalk, with the light, when Tamene's vehicle slammed into them. Tamene then crossed over two lanes of oncoming traffic before striking two parking meters in front of Centre Square Mall.
Witnesses testified the crash sent the tourists flying through the air. Tamene had testified during the trial the couple had run into his vehicle and he did all he could to avoid them.
GNWT prosecutor Roger Shepard had asked for a $2,000 fine, an 18-to-24-month driving prohibition and a year's probation with community service. Tamene's lawyer Paul Falvo wanted a one-year driving prohibition and a $1,000 fine.
In handing down his sentence, Malakoe noted the downtown crosswalk where the Matsuuras were struck is one of the busiest in Yellowknife.
"Pedestrians crossing with the light in a crosswalk in downtown Yellowknife should feel safe," he said, describing Tamene's driving as below the standard of normal driving. He added Tamene did not make sure the crosswalk was clear and didn't stop when he saw pedestrians in the intersection.
"It was no accident as Mr. Tamene has described it," said Malakoe. "It was Mr. Tamene's careless driving that led to two people being hurt and property being destroyed."
Malakoe also handed Tamene a restitution order for $769.35, payable to the city for damage to two parking meters.
Falvo said Tamene came to Canada from Ethiopia seeking political asylum seven years ago, initially settling in Manitoba, where his drivers licence was issued. He pointed out this was Tamene's first ever appearance in court in Canada and he had no driving offences prior to this one.
Tamene, dressed in a blue suit and button-down white pinstripe shirt, listened to the judge while an Ethiopian translator interpreted the judge's words for him. He showed little reaction to the verdict. Tamene spoke through the interpreter before sentencing.
"It was an accident," he said.
"It was not intended. Things like this happen to everyone. I accept what the law requires - that's why I came to Canada."
The trial took several days in April. The Department of Justice flew the victims from Japan back to Yellowknife to testify. Atsumi Matsuura was using a cane to help her walk at that time. She testified she broke her leg in the crash and spent five nights at Stanton Territorial Hospital and a further 82 days in hospital back in Japan. The Matsuuras needed a Japanese interpreter while they were testifying.
Shepard, who represented the territorial government in the case, said outside court following the sentencing he was pleased with the outcome.
"There was an important public message to get out," he said. "It was very important to denounce the behaviour and send a message of deterrence. We're certainly very satisfied that this message has been sent to the public."
