The Bui family thought they might be finally able to move forward after the woman who struck and severely injured their daughter, Leila, in a Saanich crosswalk three years ago was found guilty and sentenced in December.
But then they got a call from Crown Counsel, letting them know that Tenessa Nikirk was released on bail earlier this month after serving just two weeks of her two-year prison sentence.
“We don’t know how much more of this we can take, enough is enough, why do we need to go through another agonizing process?” said Leila’s father Tuan Bui.
Nikirk was released Jan. 5 after her lawyer had filed a notice of appeal. She is now under several strict conditions, which includes not being able to drive.
READ MORE: Driver who hit 11-year-old girl in Saanich crosswalk sentenced to two years in prison
“We were really surprised because I didn’t know that was possible,” said Leila’s mother Kairry Nguyen.
Nikirk had been speeding and texting behind the wheel the morning 11-year-old Leila was struck in a crosswalk in December 2017.
But Nikirk’s lawyer is now appealing both the conviction and the sentence alleging the judge made three legal errors in finding Nikirk guilty of dangerous driving causing bodily harm.
The family says while everyone has a right to appeal, it doesn’t make it any easier on them.
“At the end of the day it’s about personal responsibility and personal accountability she could have chosen to accept the verdict and the sentence but she decided that’s not something she’s willing to do and she’s putting us through another lengthy, stressful, agonizing process,” said Tuan.
Criminal lawyer Michael Mulligan says the appeals process is a critical part of Canada’s justice system and he says the fact Nikirk was let out on bail means the case has some merit.
“If you have an appeal that has some apparent merit, you’re somebody who the judge agrees is going to turn themselves in and not represent a danger to the public, then the expectation is a person would be released on bail,” Mulligan said.
And he says that’s because if people stayed in jail awaiting their appeal date, which could take up to a year, there may be no point to it in the end.
“They might serve some or all of their sentence before they ever got their day in court,” he said.
While they thought they were done with the agonizing legal process, Leila Bui’s parents say they have no choice to but to continue doing what they’ve always done and turn their focus to family, including Leila who’s now 14, and her three siblings.
“There’s nothing I feel we can do right now that’s going to change what’s already in motion. For me if I focus on that, you know, it will take a lot away of just life,” Kairry said.
April Lawrence
