Friday, September 22, 2006

Former mayor gets house arrest

By RICHARD ROLKE Morning Star Staff Sep 22 2006 Vernonmorningstar
Vernon’s former mayor says a court ruling that places him under house arrest provides a sense of relief. Sean Harvey was given a one-year conditional sentence Wednesday for breach of trust by a public official. Following that, he will be on probation for a year. “It’s been a long road and I’m glad it’s over,” said Harvey in an interview with The Morning Star. “Waiting was the hardest part and now that I know what my debt to society is, I can get on with dealing with that and get on with my life.” The sentence relates to Harvey filing 90 false expense claims worth $13,838 while mayor between February 2003 and April 2005. He pled guilty to the charge of breach of trust Aug. 21. Under the terms of the conditional sentence, Harvey will be under house arrest for the first six months. The only exceptions will be for employment and visiting a hospital or doctor for himself or his immediate family. For the remaining six months of the conditional sentence, Harvey will face a daily curfew from 10 p.m. to 6 a.m. He must also perform 160 hours of community work service and make restitution to the City of Vernon through minimum payments of $300 a month until it is paid off. As of Aug. 21, $8,588 was still owing after Harvey had made some payments to the city.
Once the conditional sentence is over, Harvey will be under probation for 12 months. Harvey would not comment on whether he thought the terms of the sentence were fair. “The judge felt it was appropriate punishment and I accept that,” he said. “What I did was wrong and I never tried to hide from it.”
While sentencing occurred Wednesday for breach of trust, the RCMP continue to investigate Harvey’s business activities while mayor. “I’ve never been told about that,” Harvey said of the investigation. In making his judgement, Justice Bradford Chapman stated there were a number of aggravating factors to consider, including Harvey being in high public office, refuting queries about his use of a city credit card and signing an agreement which stated the credit card was for city approved purchases only. “Even after doing so, Mr. Harvey continued with the submission of false expense claims,” said Chapman. But Chapman indicated there were also mitigating factors in determining a sentence, including Harvey pleading guilty, having no prior criminal record, resigning as mayor, co-operating with the RCMP investigation and beginning to pay restitution to the city. Chapman also states that the offence impacted Harvey’s ability to find employment and he undertook counselling. “Lastly, but no less important than all of the others, is what I perceive to be Mr. Harvey’s remorse for his activity,” said Chapman. In wrapping up his comments, Chapman provided some reflection on the case. “We can spend a good portion of our personal and professional lives developing and becoming the person we are proud to be; the person our family and friends are proud to know; and the person that others can trust, be proud of and look up to,” he said. Many years of hard work in that regard can be destroyed by one, or in this case, a series of errors in judgment. Only time will tell whether Mr. Harvey is able to repair the damage his activity has caused, and whether he is able to show to those that put their faith and trust in him that this incident was out of character, and was something that will never happen again.”

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