vi A12 - The Terrace Standard, Wednesday, March 2, 2005 Two men sentenced for nightclub assault TWO MEN working at Han- ky’s two New Year’ s Eves ago have been convicted of _ assaulting ‘customers’ that night. David Wayne Kirkaldy, 36, was: placed on probation for 18 months with condi- tions including — perform- ing 50 hours of community _ Work by July’30, having no contact with,;Reginald Mor- ’ gan, Marvin Artiga or Anto- nio Ribeiro and completing any counselling as directed by his probation officer. Lorne Robert) Walling- ton, 35, must pay a fine of $3500, complete six: months _of probation with conditions including no contact with Morgan, Artiga or Ribeiro unless any of the’ three at- tend Hanky’s and to perform 25 hours of community ser- vice by May 31], Both must make, an ap- - pointment to provide a DNA « sample to Terrace ROMP by March 4. . ‘On . Nov. 9: 2004, Kirkaldy was found guilty of “three counts: of assault against Morgan, Artiga and Ribeiro and Wallington was found guilty of one count of assaulting Artiga during an altercation at Hanky Panky’s Jan. 1, 2003. - ‘Defence counsel Darrell - O'Byrne argucd his clients , were contributing members of society without past crim- ‘inal histories and should be granted discharges. | ‘Provincial crown coun-. . NEW TECHNOLOGY makes ete, iteasier and more affordable. to have your vision tested in etween your regular eye health exams. Your optician can use a computerized system to e check your vision and provide sel Barry Zacharias argued you with corrective lenses in.a bility in the assault. & GREENWOOD CHIROPRACTIC SERVICES e Emergency Care & X-Ray ¢ Auto & Work Injury ¢ Sports Injury e Footmaxx Orthotics that Kirkaldy had not taken responsibility for his actions and both men’s actions were serious as they took place ‘on New Year's Eve when the-victims went out to have fun, but ended up in the hos- pital. If court decided not, to give them jail ‘time. then a minimum fine of $1.000 and a term of probation in- cluding no contact with the assault victims would be ap- propriate, Crown argued. In sentencing the pair, Judge H. J. Seidemann HI » sid the case bore similuri- ties to) Vancouver Canuck - Todd Bertuzzi's trial. Like Bertuzzi, the men had no prior criminal record. und a conviction was not- required to deter them from further criminal conduct. However, | Bertuzzi‘ en- tered a, guilly plea, clearly acknowledging. his wrong- .Mine Road for summer tour- Williams Lake , FEB1IO doing, whereas Kirkaldy -ism traffic. 100 Mile House FEB11 and: Wallington acknowl- “Tourism is a major com- Fort StJohn © FEB24 edged their conduct exceed- — ponent of the Stewart econ- Smithers MAR10 ed acceptable behaviour but omy, with thousands of visi- Terrace - MAR11 entered not guilty. pleas and tors coming each year,” said * pp testified to a version of the North Coast Liberal MLA ieee va events Seidemann did not Bill Belsey. “Upgrading this pe Prince Rupert accept. working relationship with the police, who trusted and relied on them and although the defence said his clients fully co-operated with police by providing statements the next day, they did so rather than admit to their responsi- Both men enjoyed a. “My interpretation of the “events are that both used their position and familiarity with the police to divert at- tention to themselves and to minimize their involvement and culpability,” Seidemann ~ said. “Had Mr. Kirkaldy and Mr. Wallington come for- ward and admitted their ac-' tions .were excessive and mistaken, a discharge might well have been “appropri- ate.” Road bucks in Stewart THE VILLAGE OF Stewart will get nearly $1 million _ from the provincial govern- ment to fix up the -Granduc : road will improve access to the attractions of that region and encourage more visitors: to come here.” As a municipal road, on- going maintenance. and op- eration of the Granduc Mine Road will continue to be the responsibility of the District of Stewart. 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