A Vernon man convicted of using a Bobcat loader to push a homeless couple off his property lost his appeal.
William John Mcrae was handed a conditional eight-month sentence by a provincial court judge last year. He was sentenced to serve part of his time under house arrest and part under curfew. He was also ordered to pay restitution and write a letter of apology to the victims.
The provincial court trial heard that on Aug. 26, 2022, Tia Myiot and Antonio Savinainen were riding their bicycles on a multi-use path and stopped in front of the Mcraes鈥 property to get some shade. Myiot said she was feeling dizzy from the heat.
After turning a sprinkler on the couple, Mcrae got into his Bobcat and drove it toward them, scooping up and damaging their bicycles and other possessions. Myiot was hit with the Bobcat, the court heard.
Mcrae was convicted on two counts 鈥 one for assaulting Myiot and the second for operating the Bobcat in a method dangerous to the public.
In a BC Supreme Court appeal earlier this year, Mcrae argued there was no proof he hit Myiot. Myiot may have fallen to the ground because of heatstroke, his lawyer said. Myiot had testified she did not remember if she was hit by the bobcat or not.
And if she collapsed on her own, 鈥渟caring and intimidating is insufficient to ground a conviction,鈥 the lawyer argued.
鈥淎lthough Ms.聽Myiot never testified that the Bobcat hit her, there was no misapprehension in the trial judge finding Ms.聽Myiot鈥檚 evidence, in combination with (other witnesses鈥 evidence) supported a finding that she was struck,鈥 Justice Steven Wilson wrote in a decision released late last month.
While operating the Bobcat, Mcrae 鈥渁lso admitted that he was not aware of where Ms.聽Myiot was, even though he knew she was close by.鈥
The appeal judge said there were enough witnesses to support the Crown鈥檚 case, including the two victims and a bystander.
鈥淭he trial judge did not consider Mr.聽Mcrae鈥檚 evidence in isolation. He found ample evidence to support that Mr.聽Mcrae threatened to (and, in fact, did in the case of Ms.聽Myiot) apply force to Ms.聽Myiot and Mr.聽Savinainen in his operation of the Bobcat and that they believed on reasonable grounds that he would hit them.
鈥淭he trial judge鈥檚 conclusion was based on the whole of the evidence before him.鈥
Wilson concluded: 鈥淭he appellant has failed to establish that the trial judge erred at law or misapprehended the evidence. Accordingly, the appeal is dismissed.鈥
