Disappointment, frustration and tears from the Provost family filled a Lethbridge court room on Tuesday.
The man charged with impaired driving causing the death of Barney Provost failed to appear for the third time.
Douglas Bagnall, 62, was charged after a car travelling east in the westbound lanes of Highway 3 near Coalhurst, slammed into Provost’s vehicle.
The crash happened in June. Bagnall was charged in November.
Provost was a Pikanii Band councillor, a husband and a father.
On Tuesday, Bagnall was expected to have a lawyer retained and to appear in person. He has hired lawyer William Tatarchuck, who is currently out of the country.
He did not attend in person and the agent representing his lawyer did not know where he was, the Crown telling the judge it was her understanding even the defence was expecting the accused to appear in person.
WATCH BELOW: A tipi was set up in front of the Lethbridge Courthouse late Tuesday in protest to a judge’s decision to release a suspected impaired driver on bail. Douglas Bagnall, 62, is charged in deadly crash that claimed the life of 42-year-old Barnaby Provost in June. (Nov. 28, 2018)
A warrant was not issued for the 62-year-old. The judge said she was hesitant to issue the warrant in case there was confusion as to the court’s direction at his last appearance to be there in person, but the judge said if he does not appear in court Wednesday morning, a warrant will be issued.
The Provost family said they find the judge’s decision to give Bagnall yet another chance before issuing a warrant unfair and hurtful.
Barney’s mother-in-law, who did not what to be named, said her daughter’s healing is being dragged out.
“Just how much pain can one person endure?”
The Crown also told the judge Bagnall has failed to report to police headquarters, as directed in his release conditions, for the last six weeks and he lives very close to the station.