Carol Berner taking appeal to Supreme Court of Canada
Posted February 28, 2013 11:23 am.
This article is more than 5 years old.
VANCOUVER (NEWS1130) – The woman who caused the death of four-year-old Alexa Middelaer in 2008 is appealing her conviction to the Supreme Court of Canada.
This comes after Carol Berner lost an appeal for a new trial in November to B.C. Supreme Court.
Berner’s lawyers say the woman feels she was wrongfully convicted.
Laurel Middelaer, Alexa’s mother, says it’s like reliving a nightmare. Her daughter would have been in Grade 4 right now and hearing that Berner is appealing her conviction is nothing short of disheartening.
“The reality is this is five years; my daughter wasn’t even five-years-old, so we’ve been without our daughter longer than we had her alive and there is still no closure.”
Laurel says Berner simply shows an unwillingness to take responsibility for her actions. “Losing a child, let’s face it, it’s the worst nightmare that any parent can face. The pain is very palpable everyday.”
The little girl was hit and killed while feeding a horse on the side of 64th Avenue in Ladner. Alexa’s aunt was also hurt, suffering critical injuries.
Berner was convicted of dangerous driving causing death, impaired driving causing death, dangerous driving causing bodily harm, and impaired driving causing bodily harm. She was sentenced to two and a half years in prison and was handed a five-year driving probation.