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‘About time’: Charge laid in fatal Delta farm vehicle crash after investigation reviewed

Joan Sherry was killed when she crashed into the back of an unlit and slow-moving farm vehicle on Highway 17A in 2021. Norman Sherry

The driver of a farm vehicle involved in a fatal collision on Highway 17A has been charged after concerns from the victim’s family led the Delta Police Department to seek an independent review of their investigation.

“It’s good to know that there’s finally some accountability being taken in the death of our mom,” said Norm Sherry, the victim’s son.

Sherry’s 77-year-old mother Joan was killed when her Nissan collided with the back of a slow moving farm vehicle on a dark section of the route on October 1, 2021.

Click to play video: 'No criminal charges in fatal 2021 farm vehicle collision in Delta'
No criminal charges in fatal 2021 farm vehicle collision in Delta

At the time, the bean harvester owned by BC Frozen Foods was operating with no rear lights, no flashing red light, no wide load signage and no red flags.

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Sherry filed a freedom of information request, and obtained a redacted copy of the Delta police report on the fatal collision.

It revealed a mechanical inspection found the farm vehicle “was in no condition to be on the road,” and was moving slower than normal due to a transmission issue.

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”The company allowed the vehicle onto a high-speed highway, despite knowing the transmission was not properly operating,” the report stated.

After a thorough investigation which included consulting Crown counsel, the Delta Police Department initially informed Sherry the evidence collected did not meet the threshold for criminal charges, and no report was submitted to Crown counsel.

Instead, Delta police said enforcement action was taken under the Motor Vehicle Act with $304 in total fines issued to the company and driver.

“To basically be told by the Delta Police Department that it’s a $304 fine and that’s it, was just devastating,” Sherry told Global News in an interview Tuesday.

Click to play video: 'Fatal collision in Delta leaves woman from Surrey dead'
Fatal collision in Delta leaves woman from Surrey dead

After Sherry shared his concerns with Global News in August 2022, the Delta Police Department requested the Vancouver Police Department (VPD) Traffic Division conduct an independent review of the investigation.

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The VPD review, according to Acting Insp. James Sandberg of Delta Police, validated his department’s investigative actions, but “recommended that based on the evidence gathered that a report should be forwarded to Crown counsel for charge assessment.”

Delta police then prepared a report and submitted it to prosecutors for charge consideration.

On July 18, one count of dangerous driving causing death was approved against Jasdeep Singh Sandhu, 26.

“It’s about time,” Sherry said.

“This is something that should have happened a year-and-a-half ago during the initial investigation. We’ve had to fight tooth and nail every step of the way.”

Delta Police declined an interview, saying the matter is now before the courts.

Sandhu is scheduled to appear in Surrey Provincial Court on Aug. 8.

“It means everything to us, I mean it doesn’t bring our mother back but … it kind of brings our hopes back that there is some justice,” Sherry told Global News.

Sherry said seeking justice and accountability in his mother’s death has been one of the toughest battles he and his sister have ever faced.

“I wouldn’t wish this on anybody. It’s the most horrible experience that our family’s ever gone through,” Sherry said.

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“If we can save one life so that a family doesn’t have to go through this, then at least it’s a bit of a light in the darkness for us.”

Global News reached out to the farm vehicle’s owner, Mission-based BC Frozen Foods, but did not receive a response by deadline.

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