A leak driver in British Columbia who has repeatedly violated his liberation conditions will serve the remaining eight months behind bars.
Marcel Genaille pleaded guilty in 2023 for having left the scene of a collision of June 2021 who left a deathly death -cyclist who died.
He was sentenced to an 18 -month conditional penalty to serve in the community which included eight months of residual ban and a driving ban.
Last fall, he escaped prison After being surprised driving an uninsured vehicle outside its curfew period in September. At the time, the judge said he had shown a “very negligent attitude towards compliance” of his liberation conditions, but had given him another chance, noting that he had not been engaged in any criminal activity at the time.
But on April 30 of this year, an officer of the RCMP making a curfew’s check discovered that the genaille was not at her house, the court said.
The genaille told court that he had been at Surrey Memorial hospital after suffering from chest pain and shortness of breath, traveling by bus and on foot. He provided a photo of his bracelet in the hospital, taken just after 11 p.m., and the hospital files show that he received blood tests and was diagnosed the next day diabetes.
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But judge Andrea Brownstone rejected Genaille’s story about the way he found himself in the hospital.
The court learned that the RCMP officer leading the curfew’s check had called it around 10:15 a.m. On the stand, the genaille claimed to be on the way to the hospital at the time, but the officer’s report said that he had already claimed to be already there and that he had not recorded before 10:35 p.m.
He also heard that he could not provide any evidence that he was going to the hospital, like bus tickets, and that his roommate had sent him SMS by letting him know that the police had come to their homes.
“You were somewhere at 10:15 p.m., your roommate sent you a text. When the police called, you told them that you were in the hospital and that you arrived as quickly as possible,” suggested the crown prosecutor Mark Myhre.
The genaille denied the suggestion, saying that he had not seen the texts until later.
The court also heard the manner of Génialle’s probation, Ponam Dhaliwal, who testified a brilliant “very worried” called him several times on May 1, saying that he had a medical incident.
“Please don’t hit me, please don’t hit me … I was in the Surrey Memorial hospital,” she said he told her.
But she declared in court that he had also provided contradictory statements, initially providing an Uber 2023 receipt before claiming that he took the transit in the hospital – a way of travel he never uses.
In his decision, Brownstone said that although the genaille has clearly ended up in the hospital and had been diagnosed with diabetes, she did not accept the reasons why he had violated his curfew because of a medical emergency.
“Mr. Genaille is simply not credible,” said Brownstone, noting that he had been a lie with the control officer of the curfew on his place at the time of the appeal, and had not been published with his parole officer the next day.
During its initial condemnation hearing for the offense of escape in 2021, the court learned that the genaille had struck the motorcycle of Peters of James ‘Mark’ to a red light in Burnaby, throwing the victim of 17 meters.
The genaille fled the scene, leaving its bumper and its license plate, before finally abandoning the vehicle.
The court learned that the genaille initially went to the Burnaby RCMP after the collision, but denied participation. Instead, he said he was in his recovery house that night.
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