Judge acknowledges that Motor Vehicle Act sentence will pale in comparison to harm done to pedestrian A taxi driver in Whitehorse was sentenced on a Motor Vehicle Act charge from a 2024 collision with a pedestrian that left the woman crossing a street grievously injured. On April 30, Judge John Phelps of the Yukon Territorial Court read the sentence for Abdella Kassim Jemallo. The judge noted that the sentence on the Motor Vehicle Act charge of driving at unreasonable speed, is regulatory rather than criminal in nature and must follow the sentencing structure for such offences. Phelps acknowledged that the sentence would pale in comparison to the loss suffered by Virginie Bourque, the woman who Jemallo hit with the taxi and her friends and family. Jemallo, 52, was sentenced to a two-month conditional sentence to be followed by six months of probation. Prior to sentencing an agreed statement of facts was read in court. It describes the events of Feb. 13, 2024. The court heard that Jemallo was driving his taxi with a valid driver’s license but with a vehicle for hire permit that had expired a week prior. He picked up a passenger in Riverdale shortly before 9 a.m. and proceeded north on 2 Ave. Conditions at the time were described as “civil twilight” about 45 minutes before sunrise. According to the statement of facts, Jemallo was captured on the taxi’s in-car video system yawning, rubbing his eyes, blinking slowly and rolling his neck. As Jemallo travelled down 2 Ave, Bourque began to cross the road. The statement of facts notes that she was between intersections, was not on a crosswalk and her route across the road “angled slightly.” Jemallo’s vehicle was travelling between 67 and 71 km/h when it struck Bourque, throwing her at least 35 metres. The speed limit on 2 Ave is 40 km/h. The taxi would not come to a stop until it rear-ended two vehicles at a stop light, travelling 61 metres beyond the point of impact. The statement of facts contains evidence from an accident reconstructionist. The investigation found that had Bourque crossed the road perpendicularly she would’ve reached the opposite sidewalk before Jemallo’s car reached her, despite its speed. It was also found that had Jemallo been driving the speed limit he would’ve been 86 metres from the site of the collision as Bourque crossed. The toll the collision took on Bourque and on those around her is explained in the statement of facts and in a victim impact statement read in court and referred to by Phelps at sentencing. The court heard that Bourque’s injuries are life-changing. They include injuries to her spine and brain that have left her partially immobilized and unable to speak. She is expected to remain in a care facility for life. The victim-impact statement from Bourque’s partner refers to her as a “remarkable” friend to many who showed up when it mattered most. It describes how the injuries from the collision “stole her voice, body and mind.” The sentence Phelps delivered considered past cases with similar circumstances and other factors. Phelps noted the Jemallo’s guilty plea is an expression of remorse and his 15 years of driving a taxi with no other infractions as mitigating factors. His expired permit, the high speed and his status as a professional driver in charge of the safety of his passenger were considered as aggravating. Jemallo’s sentence includes a range of conditions including house arrest except for employment and other necessities, as well as a driving prohibition with exceptions for his employment and transportation of his children with written permission from a supervisor. The probationary period following the sentence includes 80 hours of community service to be directed by a probation officer. A second Motor Vehicle offence Jemallo had been charged with, careless driving, was stayed following the sentencing. Contact Jim Elliot at jim.elliot@yukon-news.com
Whitehorse taxi driver sentenced for 2024 collision that caused serious injuries
