Calgary

Cyclist who ran red light and fatally injured pedestrian fined $1,000

A Calgary cyclist who ran a red light and fatally struck a 75-year-old man walking in a crosswalk has been fined $1,000 after pleading guilty to an offence under theTraffic Safety Act.

Cyclist, who was 25, is 'incredibly and deeply remorseful' for fatally injuring John Kwan, who was 75

John Kwan, shown on a trip to Cambodia in 2016. Kwan was walking across a marked intersection along Richmond Road S.W. on July 16, 2018, when he was fatally injured by a cyclist running a red light. (Kwan family)

A Calgary cyclist who fatally struck a 75-year-old man who was walking in a crosswalk has been fined $1,000 after pleading guilty to an offence under the Traffic Safety Act.

John Kwan was struck on July 16, 2018, while walking across a marked intersection at Richmond Road one block south of 17th Avenue S.W., east of Crowchild Trail. Kwan — who loved to organize family events and was an active volunteer — died in hospital three days later.

On Monday, Paul MacNeil, 25, pleaded guilty to failing to stop at a red light, an offence under Alberta's Traffic Safety Act.

"The rules of the road apply to everyone including cyclists," said prosecutor Doug Taylor. "When not followed, they can have tragic consequences."

When he was hit, Kwan was walking in a crosswalk on Richmond Road S.W. a block south of 17th Avenue S.W., just east of Crowchild Trail. (Google Maps)

A penalty of a $1,000 fine was imposed by provincial court Judge Allan Fradsham.

"[The fine] is not and should not in any way be considered society's evaluation of the loss suffered by Mr. Kwan's family," said Fradsham.

He directed his comments to Kwan's wife and son who were in the courtroom. 

"My job is to impose a penalty for the act, not for the consequences … it would be a double tragedy for them to walk out of here to think that is an evaluation of what they've suffered."

John Kwan's son, Paul Kwan, expressed frustration that the accident was preventable but said his family is happy to have some closure through the court process.

He said his father was an active senior who volunteered at the Chinese Cultural Centre and Kerby Centre.

"He loved the community," said Kwan.

Biker 'incredibly and deeply remorseful'

MacNeil's lawyer Cory Wilson said his client is "incredibly and deeply remorseful."

"He just went out that day was heading to work," said Wilson.

"It ended in absolute tragedy with the loss of a life clearly wasn't his intention whatsoever and he takes full responsibility for what occurred that day."

A second charge of careless driving originally faced by MacNeil was withdrawn on Monday.

ABOUT THE AUTHOR

Meghan Grant

CBC Calgary crime reporter

Meghan Grant is a justice affairs reporter. She has been covering courts, crime and stories of police accountability in southern Alberta for more than a decade. Send Meghan a story tip at meghan.grant@cbc.ca.