Family, friends of victim protest lengthy court process for justice
JUSTICE SOUGHT FOR BARNABY PROVOST , WHO WAS KILLED IN HIGHWAY CRASH
Family members of Barnaby Provost, the Piikani counsellor killed last year by a drunk driver, braved the bitterly cold weather Monday to protest outside the Lethbridge Courthouse.
Some two dozen of Provost’s friends and family, including his wife, are not only demanding justice for Provost, but timely justice, in light of the many delays since the fatal collision last summer.
Riel Provost-Houle, Provost’s youngest brother, said the “peaceful” protest was held to honour his brother and highlight the slow-turning wheels of justice.
“We feel that the circumstances up until now have been unfair to our family and we’re looking for justice for him.”
Family members first expressed anger and dismay when the accused, 62-year-old Douglas Wilbur Bagnall, was released from custody in November after paying $300 bail. Their anger continued as Bagnall subsequently failed to attend three court hearings. He was finally arrested Jan. 15, followed by a court appearance the next day.
“It was a real sense of relief,” Provost-Houle said of Bagnall’s arrest.
He added the family is looking for closure, not revenge.
“We just want the courts to do their job and give us justice.”
The justice they seek may be many months away, however. Bagnall was unable to attend court on Monday — he was expected to appear by closed-circuit TV from the Lethbridge Correctional Centre — because he was sick and in the health-care unit.
An agent appearing for Bagnall’s lawyer told court the accused also wants to be tried by a Court of Queen’s Bench judge and have a preliminary hearing, both of which will likely not be held for some time.
Bagnall faces single charges of impaired driving causing death, driving while over the legal bloodalcohol limit causing death and dangerous driving causing death. He also faces four more recent charges of breaching conditions of his release. The Crown noted it intends to apply to have Bagnall’s bail revoked on the original driving charges.
RCMP reported that on June 25 a vehicle was travelling east on the wrong side of Highway 3 near Coalhurst when it collided with a westbound vehicle driven by 42year-old Provost, a councillor for the Piikani Nation. Provost’s 12year-old daughter was also in the vehicle and sustained minor injuries.
Bagnall was arrested and charged Nov. 18, and on Nov. 27 he was released from custody on $300 bail and several conditions, including he attend court when ordered and report weekly to police. Court was told previously he had only reported to the police station once since he was released, despite living next door.
Although the Crown is opposed to Bagnall’s release from custody, the accused may have another bail hearing when he returns to court in person Feb. 21. The Crown may also apply that day to revoke Bagnall’s bail granted in November.
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