By richard rolke Morning Star Staff Nov 03 2006 http://www.vernonmorningstar.com/
Vernon’s former mayor has been granted some changes to his house arrest, but Sean Harvey also received a slap on the hand from the judge Thursday. Justice Bradford Chapman expressed considerable concern
about Harvey’s application to amend the conditional sentence he received in September. “I placed you on a conditional sentence of imprisonment and not for inconvenience,” said Chapman. Chapman did agree to the request to allow Harvey to leave house arrest in Salmon Arm to pick up his children in Vernon for visits, and to spend two hours a week running errands like shopping and banking. However, Chapman refused to specifically entertain a bid to allow Harvey more flexibility in terms of work activities or to go into the yard to get firewood or shovel snow from the sidewalk. He says those matters can be addressed under the existing terms of the sentence. In September, Harvey was given a one-year conditional sentence for breach of trust by a public official. It’s related to filing 90 false expense claims while mayor. Harvey says he applied for the amendments Thursday because his case worker wanted some clarification on what he’s allowed to do under house arrest. “I want to take care of the sentence without breaching it,” he told The Morning Star. In court, Harvey stated his employer requires him to attend locations away from the office and he is trying to provide his case worker with 48 hours advance notice of such situations. That brought a warning from Chapman. “There is some built-in flexibility. But be careful not to push the envelope,” said Chapman. Chapman also didn’t accept Harvey’s explanation that he’s needed to do work in the yard because his fiance just gave birth. “If you’d gone to jail, who’d bring in firewood or shovel the sidewalk for your fiance?” said Chapman. Chapman also was unimpressed with comments attributed to Harvey in some media. An e-mail allegedly sent from Harvey to an acquaintance stated, “My sentence has so many holes you could drive a truck through it.” “It concerns me deeply that after I imposed a conditional sentence, there’s words attributed to you that indicate you’re not that concerned about it,” said the judge. Harvey says while the tone of his e-mail was similar to the one in the media, he believes the e-mail he sent out was altered prior to it being forwarded to the media. “I did not use the words, ‘You could drive a truck through it.’” Harvey added that he shouldn’t have made reference to the sentence in the email. “It was inappropriate and there’s no excuse for it.” In making his decision Thursday, Chapman stated that the public has to see justice being done. “When they see someone serving a jail sentence and carrying out life, they may get the wrong impression about the administration of justice,” he said, adding that he still believes house arrest was the right sentence. “The alternative was to go to jail which would have put your employer, fiance and kids in a tough spot.”
Vernon’s former mayor has been granted some changes to his house arrest, but Sean Harvey also received a slap on the hand from the judge Thursday. Justice Bradford Chapman expressed considerable concern
about Harvey’s application to amend the conditional sentence he received in September. “I placed you on a conditional sentence of imprisonment and not for inconvenience,” said Chapman. Chapman did agree to the request to allow Harvey to leave house arrest in Salmon Arm to pick up his children in Vernon for visits, and to spend two hours a week running errands like shopping and banking. However, Chapman refused to specifically entertain a bid to allow Harvey more flexibility in terms of work activities or to go into the yard to get firewood or shovel snow from the sidewalk. He says those matters can be addressed under the existing terms of the sentence. In September, Harvey was given a one-year conditional sentence for breach of trust by a public official. It’s related to filing 90 false expense claims while mayor. Harvey says he applied for the amendments Thursday because his case worker wanted some clarification on what he’s allowed to do under house arrest. “I want to take care of the sentence without breaching it,” he told The Morning Star. In court, Harvey stated his employer requires him to attend locations away from the office and he is trying to provide his case worker with 48 hours advance notice of such situations. That brought a warning from Chapman. “There is some built-in flexibility. But be careful not to push the envelope,” said Chapman. Chapman also didn’t accept Harvey’s explanation that he’s needed to do work in the yard because his fiance just gave birth. “If you’d gone to jail, who’d bring in firewood or shovel the sidewalk for your fiance?” said Chapman. Chapman also was unimpressed with comments attributed to Harvey in some media. An e-mail allegedly sent from Harvey to an acquaintance stated, “My sentence has so many holes you could drive a truck through it.” “It concerns me deeply that after I imposed a conditional sentence, there’s words attributed to you that indicate you’re not that concerned about it,” said the judge. Harvey says while the tone of his e-mail was similar to the one in the media, he believes the e-mail he sent out was altered prior to it being forwarded to the media. “I did not use the words, ‘You could drive a truck through it.’” Harvey added that he shouldn’t have made reference to the sentence in the email. “It was inappropriate and there’s no excuse for it.” In making his decision Thursday, Chapman stated that the public has to see justice being done. “When they see someone serving a jail sentence and carrying out life, they may get the wrong impression about the administration of justice,” he said, adding that he still believes house arrest was the right sentence. “The alternative was to go to jail which would have put your employer, fiance and kids in a tough spot.” 
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