Verdict in fatal hit and run postponed

North Bay Crown attorney John Holland has recommended Michael Phillips be sentenced to five to six years in prison for the hit and run death two years ago of Keven Borden.

Phillips was convicted last month of dangerous driving causing death and failure to remain at the scene of an accident.

He was acquitted on a third charge, impaired driving causing death, and his sentencing hearing was held Friday in the Ontario Superior Court of Justice.

Borden, of Callander, 22 at the time, was killed on College Drive, Oct. 13, 2001, at 2:25 a.m. A jury determined Phillips had struck Borden.

Many questions and issues surrounding death

During the hearing Justice Lawrence C. Kozak heard from Phillips’ father Ron, who read a prepared statement addressed to the Borden family.

“I, together with my family, have suffered over the accident which claimed Keven’s life. We grieve deeply over what has happened and our heartfelt sympathies go out to you,” Phillips read. “May Keven rest in peace.”

He said “while we accept the jury’s findings,” the accident raises many questions and issues surrounding Borden’s death “which need to be looked at.”

Phillips pointed to the lack of lighting and paved sidewalks on College Drive, and suggested Nipissing University and Canadore College offer shuttle services from their campuses during pub nights.

He then pointed out his son had fulfilled all the conditions of his bail, had contributed to many charitable organizations and “has a great fondness for animals.”


Bereft of remorse

Defence lawyer Geoff Laplante recommended a 26-month prison term on the dangerous driving charge and four months on the failure to stop charge. Alternately, Laplante said, Kozak could sentence Phillips to a conditional sentence -- house arrest -- of two years less a day followed by probation.

“It allows him to do something with his life,” Laplante said, “and it will also allow the Borden family and their friends closure.”

But Holland took a dim view of a lighter sentence.

“These types of cases bring to stark reality the finality of death,” Holland said.

He said Borden was a “loving and loved young man” who had his whole life ahead of him.

On the other hand, Holland said, Phillips’ family “feels more regret than he has ever indicated.”

In fact, Holland said, Phillips was “bereft of any remorse” about the fatal accident and had even told a court official “it could not be proven that he was driving the car that night, that someone else was driving.”

As well no evidence was ever presented in court that Phillips braked or attempted to brake when he hit Borden.

I feel terrible

Holland recommended Phillips be sentenced to 3.5 to four years in prison on the dangerous driving charge and 1.5 to two years on the failure to stop charge.

Phillips’ driver’s licence should also be suspended for 10 years, Holland added.

Kozak said he would take the court submissions under advisement and deliver his verdict Nov. 4. Victim impact statements from the Bordens were filed but not read into the record at the family’s request.

Phillips did say a few words before the court adjourned.

“I feel terrible for what happened that night, and I hope I have a chance to come back and do work and be in the public.”