Feb 28, 2013 - ALEXA MIDDELAER'S KILLER TAKING APPEAL TO CANADA SUPREME COURT

More than two years after drunk driver Carol Berner was convicted of killing four-year-old Alexa Middelaer, her victim's family is still waiting to see her take responsibility.

The B.C. Court of Appeal rejected Berner’s case in November, but lawyer David Tarnow told CTV News he's filed a motion to have it heard in the Supreme Court of Canada instead.

Alexa’s mother Laurel Middelaer told CTV News she doesn’t expect the case will be heard because it has no national significance, and suggested Berner is merely trying to prolong the inevitable.

 “I think most people with common sense would see this as a delay tactic,” Middelaer said. “It would have been over a long time ago for her if she had served the sentence, or taken responsibility right on day one.”

Despite dismissing Berner’s appeal, B.C.’s highest court is allowing the drunk driver to contest her 30-month sentence, and has set her first hearing for March 21.

Her lawyer also fought to have that hearing pushed back until they can learn if the Supreme Court will take her case, but the request was denied Thursday.

“That actually was a pleasant surprise for us,” Middelaer said. “It’s a very common sense move by a judge and it’s a wonderful thing to see.”

Berner has been out on bail since November 2010, having served just two weeks of her sentence on counts of impaired driving causing death, impaired driving causing bodily harm, dangerous driving causing death and dangerous driving causing bodily harm.

She was driving 91 kilometers per hour in a 50 kilometer zone when she crashed her car in May 2008, striking young Middelaer as she fed a horse with her aunt at the side of a country road in Delta.

During her trial, the court hear Berner tell an undercover police officer she had drank three glasses of wine prior to the accident.

Tarnow said there were several grounds for appealing the conviction, arguing that roadside breathalyzer tests should have been thrown out along with statement Berner made in the back of a Delta police squad car. He also pointed out Berner’s lack of a criminal record and argued she was not “excessively intoxicated” at the time of the crash.

The Middelaer family said they have come to believe Berner has no interest in taking responsibility, despite her tearful pleas during trial.

“She’s going to explore every available option to avoid the ultimate consequence she’ll have to face,” Laurel Middelaer said.

Source: CTV News Vancouver

Last updated on: 2015-04-06 | Link to this post