Harvey sentenced to week in jail

By Roger KnoxMorning Star StaffJan 24 2007 http://www.vernonmorningstar.com/
SALMON ARM - Vernon's former mayor is behind bars and his future employment with a Salmon Arm-based company may now be in jeopardy. Sean Harvey was sentenced Tuesday to spend a week in Kamloops Regional Correctional Centre by Judge Bradford Chapman in Salmon Arm Provincial Court for breaching his conditional sentence order. "I direct Mr. Harvey to spend seven days in jail, then be released from custody," said Chapman, appearing by video link from Kelowna. "I don't feel it's necessary to change the optional conditions once he's released. "I hope that this will impress upon Mr. Harvey the seriousness which I view conditional sentence orders, and that the terms and expectations of those terms be complied with."

Harvey was in court Tuesday with lawyer Ian McTavish to face a charge of breaching the conditional sentence order after someone spotted him and his common-law wife, Rhonda, shopping in Kelowna at TJ Kiddy's Store on Dec. 29. Crown counsel Bill Hilderman introduced two other alleged breaches of the conditional sentence order. One was in Vernon, on Dec. 27, when Harvey was allegedly seen at a Starbucks outlet. The other was back on Oct. 6, again in Kelowna. McTavish, who was seeking time served, explained to Judge Chapman that there were some misinterpretations about the conditional sentence order by his client.

"He thought he had permission to travel, as part of his employment, to Kelowna on Oct. 6 and, while there, he helped the boss's son shop for supplies at Staples," said McTavish. "In Vernon, on Dec. 27 or 28, he was picking up his daughter and he stopped at a Starbucks. "He thought he had permission to take his kids home on Dec. 29. He and his wife decided to kill two birds with one stone and go pick up her vehicle in Kelowna, which was in for repairs. It wasn't ready and they went shopping." Chapman didn't buy the explanations and imposed his latest sentence, which could slow down the restitution process to the City of Vernon, as Harvey's position as a representative with Salmon Arm's BigSteelBox.com is now in question.

"The sentence may have cost him his job," said McTavish. "The restitution could now take longer and the community services plan he had been working on with his probation officer could have some consequences." It was Chapman who originally sentenced Harvey in September for breach of public trust after Harvey pleaded guilty to filing false expense claims while mayor of Vernon totalling more than $13,800. Harvey was sentenced by Chapman to six months of 24-7 house arrest, leaving only to go to and from work and for medical emergencies, and making restitution to the City of Vernon, a process Harvey has begun. That is to be followed by six months of curfew and 160 hours of community service. After a year, Harvey is to be placed on probation for one year.

In November, Harvey applied to the judge to change the conditions of his sentence so he could go to and from Vernon to pick up and return his daughter, and to be able to leave the house for two hours each week to do household activities such as shovelling snow and chopping firewood.
Chapman agreed and placed Harvey under strict orders to follow his sentence. Harvey was taken out of the courthouse in handcuffs. His common-law wife, Rhonda, and father, Fred, were in the courthouse for support. Harvey said nothing during the 90-minute proceedings, whispering only to McTavish, and showed little emotion as Chapman handed down his latest decision. It was a decision that Harvey accepted. "He's doing very well," said McTavish, of Harvey, outside the courthouse. "This was all about the interpretation of the conditional sentence order. He took liberty on one of the outings and totally accepts his punishment."