April 5/16- A serious motor vehicle incident on Peatt Road at Goldstream Avenue involving RCMP officer Const. Sarah Beckett occurred at around 3:30 a.m. April 5. (Katherine Engqvist/News Staff)

April 5/16- A serious motor vehicle incident on Peatt Road at Goldstream Avenue involving RCMP officer Const. Sarah Beckett occurred at around 3:30 a.m. April 5. (Katherine Engqvist/News Staff)

ICBC retracts claim that late Vancouver Island Mountie was negligent in drunk driver crash

ICBC suggested Beckett’s negligence in response to civil court claim

The Insurance Corporation of B.C. is retracting a claim that West Shore RCMP Const. Sarah Beckett was negligent when she was killed after being struck by a drunk driver who sped through a red light in 2016.

In an effort to recoup costs of Beckett’s damaged RCMP cruiser, the Attorney General of Canada filed a civil claim against Fenton and his insurer, ICBC, in March 2018.

An ICBC response came about two months later, denying facts in the claim and saying the “sole, proximate and direct cause of such collision and such personal injuries, loss, expense or damage was the negligence of the deceased Const. Sarah Beckett.”

On Friday afternoon, after a request for comment, ICBC said the decision to suggest Beckett was liable for the crash was a mistake.

“We’re deeply sorry,” the statement from ICBC says. “We are taking immediate steps to fix this error. We will be instructing our cousel to amend that defence to admit the defendant is fully liable for this accident.”

Beckett, a 32-year-old mother of two boys, had recently returned from maternity leave when she was killed in the line of duty in Langford.

Kenneth Jacob Fenton was handed a four year prison sentence in July, 2017 for charges of impaired driving and dangerous driving causing death.

READ ALSO: Driver convicted in death of Const. Sarah Beckett granted partial parole

Beckett was killed after her police cruiser was struck by Fenton’s pickup truck which was speeding through the intersection of Peatt Road and Goldstream Avenue.

Fenton’s blood-alcohol level was three-and-a-half times the legal limit. He was already being pursued by an RCMP officer in a different police vehicle because his taillights were not illuminated and he was travelling almost double the 50 kilometre per hour posted speed limit.

ICBC accused Beckett of “failing to keep a proper or any lookout,” “failing to see the defendant’s motor vehicle at a reasonable time,” “failing to give warning by sounding the horn,” and other allegations of neglect.

In the response, ICBC said Beckett had a duty of care to Fenton and to others using the highway.

“The act of colliding with the vehicle operated by the defendant, Kenneth Jacob Fenton, and owned by the defendant, Kenneth Jacob Fenton, was a breach of that duty.”

A statement from West Shore RCMP Insp. Todd Preston said the detachment is aware of the civil suit and the response filed by ICBC.

“On our end we remain deeply affected by the loss of our friend and respected colleague, Sarah,” Preston said. “The timing of this story coming out so close to Christmas leaves myself and the membership of West Shore RCMP saddened.”

shalu.mehta@blackpress.ca


Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Interior Health reported 91 new COVID-19 cases in the region Jan. 20, 2021 and three additional deaths. (Jennifer Smith - Morning Star)
95 new COVID-19 cases in Interior Health, two deaths

Another member of Vernon’s Noric House has passed

Amanda Parsons, a registered nurse on staff at the Northwood Care facility, administers a dose of the Moderna vaccine to Ann Hicks, 77, in Halifax on Monday, Jan. 11, 2021. THE CANADIAN PRESS/Andrew Vaughan-Pool
61 new COVID-19 cases, two more deaths in Interior Health

Twenty-nine people are in hospital, seven of whom are in intensive care

The most recent information from the BCCDC shows four more cases of COVID-19 in the North Thompson local health area, which stretches from just north of Little Fort to south of Valemount. The map is updated every Wednesday with the previous week's numbers. (BCCDC)
Four more cases in North Thompson health area

The North Thompson local health area stretches from just south of Blackpool to south of Valemount.

Businesses continue to struggle under COVID-19 restrictions as the pandemic reaches the one-year mark. (B.C. government)
Another 564 COVID-19 cases, mass vaccine plan coming Friday

15 more deaths, community cluster declared in Williams Lake

A specialized RCMP team is investigating a suspicious trailer, which might have connections to the illicit drug trade, found abandoned outside a Cache Creek motel. (Photo credit: <em>Journal</em> files)
Police probe U-Haul trailer linked to illicit drugs left outside Cache Creek motel

Hazardous materials found inside believed to be consistent with the production of illicit drugs

Premier John Horgan leaves the podium following his first press conference of the year as he comments on various questions from the media in the Press Gallery at B.C. Legislature in Victoria, B.C., on Monday, January 13, 2020. THE CANADIAN PRESS/Chad Hipolito
Interprovincial travel restrictions a no-go, Horgan says after reviewing legal options

The B.C. NDP government sought legal advice as concerns of travel continue

Gem Lake Top, at Big White Ski Resort, seen at Jan. 8. (Big White Ski Resort)
Big White cancels $7.3M in lift tickets, accommodations due to COVID-19 orders

Since November, the ski resort has been forced to make several changes

Darlene Curylo scratched a $3M ticket, BCLC’s largest ever scratch and win prize. (BCLC)
Kelowna woman in shock after winning BCLC’s largest-ever instant-ticket prize

Darlene Curylo couldn’t believe her eyes when she saw the amount of money she’d won from a scratch ticket

While each person has different reasons for becoming homeless, a UBCO study shows they learn through their interactions with different services to perform ‘as homeless’ based on the expectations of service providers. (Contributed)
Kelowna homeless forced to ‘perform’ for resources, says UBCO study

One participant in the study said ‘It is about looking homeless, but not too homeless’

Gov. Gen. Julie Payette takes the royal salute from the Guard of Honour as she makes her way deliver the the throne speech, Wednesday, September 23, 2020 in Ottawa. THE CANADIAN PRESS/Fred Chartrand
Gov. Gen. Julie Payette resigns, apologizes for ‘tensions’ at Rideau Hall

Payette, who is the Queen’s representative in Canada, has been the governor general since 2017

Grounded WestJet Boeing 737 Max aircraft are shown at the airline’s facilities in Calgary, Alta., Tuesday, May 7, 2019. WestJet will operate the first commercial Boeing 737 Max flight in Canada today since the aircraft was grounded in 2019 following two deadly crashes. THE CANADIAN PRESS/Jeff McIntosh
Passengers unfazed as WestJet returns Boeing 737 Max to service on Vancouver flight

After a lengthy review process, Transport Canada cleared the plane to return to Canadian airspace

The top part of the fossil burrow, seen from the side, with feathery lines from the disturbance of the soil – thought to be caused by the worm pulling prey into the burrow. (Paleoenvironntal Sediment Laboratory/National Taiwan University)
PHOTOS: SFU researchers find evidence of ‘giant’ predatory worms on ocean floor

Fossils found the prove the existence of an ancient Taiwanese worm as long as two metres

Most Read