Mother of victim looks forward to healing
Thomas Whittle of Conception Bay South sentenced to three years in jail for causing the death of Justyn Pollard
CORNER BROOK — It has been more than four years since Justyn Pollard lost his life in a snowmobile accident at the Humber Valley Resort and now his mother is ready to move past the anger and get on with the grieving and healing.
Justyn Pollard, of St. John’s, was 21 when the snowmobile he was a passenger on crashed into a taxi on the bridge at the resort on Feb. 19, 2017.
Thomas Whittle, 29 of Conception Bay South, was the driver and on Monday afternoon he was sentenced to three years in jail for causing Justyn Pollard’s death.
Sherry Pollard said she was a happy mom after listening to Justice George Murphy give his decision in the case in Newfoundland and Labrador Supreme Court in Corner Brook.
Pollard viewed the proceedings by video conference from her home in Ontario.
The COVID-19 pandemic has prevented her from travelling to this province for Whittle’s trial. When possible, she hopes to visit the area where her son died and place a plaque there.
“It’s been a long four years, but I can finally breathe easy knowing that the truth has been told and that Justyn can rest in peace now,” she said by phone after the decision.
“I’m glad it’s over and our family can finally heal.”
Whittle was sentenced to three years in jail on each of two of the three charges he had been convicted of by a jury in January — impaired driving causing death and dangerous driving causing death.
The sentences will be served concurrently and in a federal institution. At the end of his sentence, he will be subject to a four-year driving prohibition. Murphy declined a Crown request for a DNA order.
Applying the Kienapple principle, a charge of impaired driving causing death with a blood alcohol concentration exceeding 80 milligrams was stayed by Murphy.
Crown attorney Renee Coates had originally sought the stay on the impaired driving causing death charge, but Murphy said he saw no distinction in going the other way.
In his decision, Murphy said the weekend of Feb. 19, 2017 was supposed to be one of fun for a group of people from the east coast who came to the west coast for snowmobiling, skiing and snowboarding, and to attend Jibfest at Marble Mountain.
He said the weekend turned tragic when the fateful decision was made by Whittle and Justyn Pollard to go for a ride on a snowmobile.
Pollard agreed with Murphy’s assessment.
“No matter what way you look at it this was an accident. Justyn got on that snowmobile without a helmet and Whittle got on that snowmobile without a helmet. To me they’re both at fault in that regard. It was the lies and the deception afterward that kind of hurt.”
Whittle has maintained since his arrest that he wasn’t driving that night and that Justyn Pollard had control of the snowmobile from the passenger seat.
“In the end the truth came out,” said Pollard.
Murphy also spoke of the devastating impact of impaired driving and how it remains a significant societal problem.
He said offences like those Whittle has been convicted of are preventable.
But cases still seem to be all too common, indicating what’s being done as a society to combat the problem has not fully worked, he said.
“I sincerely hope that at some point people get the message so that no other families have to endure the pain and loss that the Pollard family has and will continue to endure.”
He said the victim impact statements by Justyn Pollard’s family and a friend left him with no doubt they have suffered an immeasurable loss.
“It was heartbreaking to hear them describe the pain that Justyn’s death has meant for them.”
Especially, he said, for Sherry Pollard, who lost her only child, and Joy Pollard, who lost her only grandchild.
“Their lives will never be the same.”
Murphy said the court can do very little, if anything, to alleviate their pain.
“But I hope that in some small way the conclusion of these proceedings will help them in dealing with their unimaginable loss.”
Pollard said she doesn’t think Whittle has any remorse for what happened, but she still has compassion for him and his family.
“It’s not just one life ruined, it’s two lives ruined. It’s two families ruined,” she said.
“Thomas has to spend three years in jail and four years without driving, but then he can carry on with his life. He gets to have children, and his mother gets to see her grandchildren and be a part of his life.
“I don’t get any of those things. My time with my son is done.”
She said she hopes that someday Whittle will see what his actions have done.
“I hope he does his time and I hope that he comes out to be a better person and goes on about his life and doesn’t hold any resentment, because if he does it’s going to destroy him,” she said.
“Two weeks, two years, 200 years, none of it is going to bring Justyn back, no matter what. I just really hope that he learns from this experience and he doesn’t drink and drive again.”
Whittle has been in custody since April 8 and will be credited with eight days off his three-year sentence.