National Post (National Edition)

Doomed ferry officer gives tearful apology

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many people. To those who lost loved ones, to the families and friends of Gerald Foisy and Shirley rosette, I express my deep regret and sorrow. ... I will carry the sorrow and grief I feel for the rest of my life. It is my sincere hope that all involved can move forward with their lives.”

The apology came at the end of a sentencing hearing that saw the Crown and defence put forward competing images of Lilgert, who was described as either a reckless, unrepentan­t liar or the guiltridde­n, broken shell of a onceproud mariner.

A Crown lawyer recommende­d a six-year prison sentence, telling the judge Lilgert has spent years lying about what happened and blaming others for his own negligence.

Lilgert’s lawyers, in turn, asked for a conditiona­l sentence of nearly two years that would allow him to avoid time in custody and get on with his life. The defence cast Lilgert as a fragile man who has suffered personally and financiall­y since the sinking.

The judge in the case is scheduled to announce a sentence on Monday.

A jury convicted Lilgert for the deaths of Mr. Foisy and Karl Lilgert, navigator of the Queen of the North, will be sentenced Monday for his part in

the deaths of two passengers killed when the ferry sank off the B.C. coast in 2006. Ms. rosette, who vanished when the ferry struck a remote island and sank off the B.C. coast in the early morning of March 22, 2006.

The Crown alleged that Lilgert, who was in charge as fourth officer, failed to navigate the ship or take any steps to ensure the vessel was on course as it missed a scheduled turn and sailed toward the island.

Lilgert, 59, testified in his own defence, telling the jury he was doing the best he could to navigate and track the ship in spite of rough weather and unreliable equipment.

But the Crown told a judge Friday that Lilgert’s testimony was full of lies, which the jury obviously did not believe.

“The accused did not tell the truth on the stand, was disbelieve­d by the jury, has failed to take responsibi­lity, and lacks genuine remorse,” said Crown counsel robert Wright.

Mr. Wright said Lilgert’s sentence must be severe to reflect the reality that he was a trained profession­al who was entrusted with the lives of 101 passengers and crew.

“That trust was misplaced for some unknown, seemingly personal matter,” said Mr. Wright, alluding to Lilgert’s affair with the other crew member on the bridge that morning, quartermas­ter Karen Briker.

The affair had ended several weeks before the sinking, but Lilgert and Ms. Briker both insisted their relationsh­ip had nothing to do with the sinking. A prosecutor accused Lilgert of either having sex or arguing with Ms. Briker before the collision, which he denied.

The defence asked for a conditiona­l sentence of nearly two years, telling the judge there is no need to send Lilgert to prison.

Glen Orris said the jury clearly struggled with the evidence, reaching a verdict only after deliberati­ng for six days. He also argued the jurors could have actually believed Lilgert’s testimony and still convicted him, if they concluded he did not properly follow navigation regulation­s.

Another defence lawyer, Nancy Adams, said Lilgert has suffered greatly since the sinking, and that the seven years of investigat­ions, lawsuits, criminal proceeding­s and intense media scrutiny have been punishment enough.

After the sinking, Lilgert and his family moved away from their longtime home near the coastal community of Prince rupert to Grand Forks in southeaste­rn B.C., said Adams. His marriage has since fallen apart, she said, and he has been forced to sell his organic farm in Grand Forks to pay his legal bills.

He now suffers from posttrauma­tic stress disorder, said Ms. Adams.

“He has already endured what amounts to a seven-year sentence,” she said.

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