The family of a B.C. pastor killed in a fiery crash near the Peace Arch border crossing says justice hasn't been served after the man implicated in the death was found not criminally responsible for his actions.
B.C. provincial court heard that a Washington state man was driving 120 kilometres per hour in May of 2019 when his vehicle slammed into Rev. Tom Cheung's car, which then burst into flames.
Cheung's widow, Athens Cheung, said on Friday that after six years of waiting for a trial, the accused, Gurbinder Singh, was found not criminally responsible on account of a mental disorder.
Her son, Benjamin Cheung, says his family was at the court on April 17 when the judge made the ruling, and the man was released.
The family says they don't understand why he was simply freed, they were never given the RCMP report, don't have the reasons for judgment and don't know why the BC Prosecution Service rejected an appeal.
The prosecution service said in a statement Friday that the judge ruled the Crown had proven the physical act that constitutes offence beyond a reasonable doubt but that the accused had raised a reasonable doubt regarding the "mental intent" of the man's actions and therefore acquitted him.
"We are reviewing the reasons for judgment, but generally speaking, appellate courts are quite hesitant to overturn a trial judge’s findings of fact," read the statement.
The family is urging lawmakers to fix gaps in the legal system, saying that years of waiting without answers has left them in pain and feeling like their rights weren't heard or respected.
The B.C. government said in a statement that Attorney General Niki Sharma would be open to meeting with the family and understands "the importance of hearing directly from those impacted by the justice system."
"This is an incredibly tragic case. Our thoughts are with Pastor Tom Cheung's family and the community during this difficult time, and we appreciate how frustrating their circumstances have been," the statement from the Ministry of Attorney General said.
The eldest son, Solomon Cheung, said the years that followed his father's death left him to battle with grief and depression.
"I paid out of my own pocket for counselling, and medications to help me sleep through all the stress and pain."
He said he won't give up on the fight to seek justice for his father.
"Whether through advocacy, awareness, or legal reform, I want to ensure that my father’s story is not forgotten, and to anyone else who has endured a similar pain — you are not alone," said Solomon.
Picture Courtesy: THE CANADIAN PRESS/Darryl Dyck
