A former Yellow Cab driver has been sentenced in absentia in connection with what BC Provincial Court Judge Emmet Duncan described as a “horrendous motor vehicle collision,” after he failed to show up in court for Friday’s decision.
John Tity Pariyathu, 62, was sentenced to one year in jail and a minimum $1,000 fine, followed by a three-year driving prohibition in the 2019 hit and run of a cyclist in Kitsilano.
The sentence mirrored what the Crown had recommended while defence counsel had asked for a six-month conditional sentence or three months in jail.
Duncan told the court a conditional sentence was not appropriate for the accused, because “Mr. Pariyathu had absconded and is at large on warrants of arrest.”
Pariyathu, who was charged with dangerous driving causing bodily harm and failing to stop at the scene of an accident causing bodily harm, pleaded guilty to the latter charge on the eve of his trial.
The court heard that on Aug. 20, 2019, Charles Sandberg was riding near West 4th Avenue and Collingwood Street when he was struck by a Yellow Cab.
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“The taxi was behind me and passing me on the right but I could actually hear his electric engine accelerating around me, which is baffling considering it was a red light,” witness Taylor Coulthard said at the time.
Duncan said the collision was “ghastly” and Sandberg, who was in his late 60s at the time, was thrown 14 metres and catastrophically injured.
“The man was probably six feet off the ground, he did a full rotation and landed and just layed there lifeless,” recalled Coulthard in 2019.
“His bike was another 20 feet away in front of the bus stop and it was disgusting.”
Sandberg suffered numerous injuries including bruises, scrapes, and lacerations – including one to his cranium which was closed with staples – fractured ribs, and a nerve injury which makes him partially blind.
The once-successful lawyer was confined to a wheelchair for months after the collision and had to learn how to walk again.
Sandberg now lives under 24-hour care.
A pre-sentence report noted that “although he (Sandberg), did not die in the collision, his life was taken from him.”
Sandberg’s family, including his wife Liz Wolfram, was in court for the decision. Wolfram declined to comment than to say the incident has been devastating for their family.
Pariyathu did not stop and fled the scene of the crash.
The court heard Pariyathu turned his cab’s transponder off – making himself digitally invisible – as he drove around for several hours after hitting the victim before Vancouver police caught up with his damaged taxi and arrested him during a traffic stop.
Duncan told the court Pariyathu gave a nonsensical and ludicrous account of what happened – claiming he’d been parked and pulled out at 10-15 km/hour, and his car would not stop.
“What Mr. Pariyathu did was callous and inhumane and morally reprehensible in any standard of human decency,” Duncan said as he passed sentence.
The judge told the court the Crown said there was “precious little evidence of remorse” and the decision to abscond questions whether there is any remorse.
Pariyathu has no prior criminal record and no negative driving history.
Defence counsel described the incident as a “once in a lifetime terrible day for Mr. Pariyathu,” who is now the subject of a bench warrant after failing to appear in court.
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