Ontario Community Newspapers

Port Perry Star, 4 Mar 1986, p. 3

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ent ills nis cal yal our ce ur Loo TATRA ET-- ta Begin's lawyer will launch a (From page 1) house, located in the hamlet of Ep- som, caught fire and the two boys died of smoke inhalation. But as Judge Hoolihan pointed out, leaving the element on was not enough to find Mr. Begin guilty of criminal negligence. "If that is negligence, every per- son who leaves on an element, and someone is injured by it, would be guilty of a very serious crime," he said. Instead, the judge said Mr. Begin was negligent because he wasted time using a fire extinguisher in the kitchen when he could have been rescuing his children. According to testimony, Mr. Begin had time to call firefighters twice and use the extinguisher while smoke and flames spread and his sons slept in upstairs bedrooms. Mr. Begin did make one attempt to rescue the boys but said smoke forced him back down the stairs. Before he retreated, he heard one of his sons call out. - '""He heard the child while he was in the stairway, but because smoke I The highlights of Dagmar's Spring Fling was the Ski Prince ~ ER OT SS - . : f, was so thick, his response was to leave," the judge said. After phoning for help the first time and giving firefighters the wrong address (he awoke drunken- ly and thought he was at 103 Union . Ave., Port Perry, the address of a woman he rode to work with), he went to the Kitchen, took a fire ex- tinguisher from the wall, and unsuc- cessfully tried to put the blaze out. "I am satisfied beyond a reasonable doubt, at that stage he was able to go into the kitchen, and at that time, he could have gone upstairs instead of going into the kit- chen (where the fire was at its' worse),"" the judge said. 'And I find at that time, he should have gone upstairs instead, to rescue his children. 'Even after attempting to use the fire extinguisher he still could have gone upstairs." The judge said he doubted Mr. Begin could have found the phone to make his second call (after his at- tempt up the staircase), which was right next to the kitchen, if the smoke had been so thick as to force and Princess, won handily by Roshan Faull, 13 and Mike Shannon, 14 of Markham. Roshan is from Ajax, and both winners will claim a wide variety of prizes including a season's pass to Dagmar. ANNOUNCING Tim Bartley Rumford Auto Electric - OF MANCHESTER has been sold to Harry's Repair OF NESTLETON where all your auto, farm and industria electrical services will be continued b 986-00 him down the staircase. "I do not think he could have found the phone, dialed, even if it was just zero, and talked, if he couldn't make it upstairs," Judge Hoolihan added. **He had time and opportunity to save his children. He knew they were there. Michael call- ed him." The judge cited several examples outlining parents' responsibility to save their children from the threat of danger. If they don't protect their children from harm, he explained, they are negligent. "It was his duty as a parent to remove and rescue the children from the home," he said. "Even nore, it was his duty when he started the fire himself." The judge said he was satisfied with Mr. Begin's display of recklessness with the lives of his children and his failure to get them out of the burning house resulted in their deaths. hy 9 Testimony revealed Mr. Begin had been drinking heavily in the hours leading up to the fire (his blood alcohol limit at the time of the blaze was estimated to be three times above the legal limit for im- paired driving), accounting for his lack of judgement. Still, the judge clearly pointed out that drunkenness is no defence. Durham Police Detective Reg Webster. testified that Mr. Begin "RED - NAVY - G PORT PERRY STAR -- Tuesday, March 4, 1986 -- 3 bottles of beer that day. According to further testimony, 'he arrived home that night, round his wife Darlene Christie (the cou- ple was divorced about a year after the fire) and insisted on talking with her. When he started making sexual advances towards her, she fled to a neighbour's house two doors away to wait until her husband fell asleep before returning home. She later testified that on several occasions her former husband had left the kitchen stove on after drink- ing sessions. She said he had been a heavy drinker for eight years and at times sufferc.' alcoholic black- outs. Judge Hoolihan said Mrs. Christie's absence from the house at the time of the blaze was irrelevant to Mr. Begin's negligence, as was his previous incidents of leaving the 985-3947 HOURS: 9 A.M. to 8 P.M. Call for an Appointment of Put 'Spring' in your step? stove on. But in his final address to the courtroom, he 'said, "Alcoholic parents who have demonstrated dangerous tendencies should not be left in charge of.children, even if it means calling in the authorities relevant to the circumstances." ' He also had praise for local firefighters, saying, 'The people of -Scugog Township and Port Perry and Uxbridge districts are well served by their fire department. I was extremely favourably impress- ed by the evidence of the firefighters and of the physical courage of those who entered the burning home." "Finally, he said, 'above all else, this is a case of human tragedy for the innocents who died, for the bereaved mother and for the accus- ed who suffers from the sickness or the illness of "Alcoholism." x dh PUMPS, SANDALS, SLING BACKS, FLATS, DECK SHOES! by Celebrity (2A, B, D Widths), Lady Jarman, North Star, Hush Puppies, Foamtreads, Lullabies (plain or floral) All designed for comfort and-style. Ladies Sizes 5 to 10. REY - BONE - YELLOW - PINK - WHITE Ey ' ' <2 CFA od > ' 3 RAINBOOTS FOR THE WHOLE FAMILY! -- in basic black, or in colours of the rainbow -- REINS IY | FOR CHILDREN: . rd // cad [TT Sandals, T-straps, Fashion Pumps, Dress Shoes, Deck Shoes, Leather Hi-cuts I Joggers by Savage In all sizes to 5 for girls & 6'/ for boys' FOR MEN: "Jarman Dress" Shoes "North Star' Softies "Shoo" Mocassins & Deck Shoes "Hush Puppies" Deck Shoes SIZES 7 to 13 "Nike" Hi-cut "Penetrator" All Leather or White & Grey Canvas A.W. BROCK DEPARTMENT STORE @ IUT-T-TaRN = 1A T-T-1 AE = lool Al =1-Tol dV Congratulations to Ted Blanchard of Port Perry Winner of the $100. Gift Certificate drawn March 1st, 1986.

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