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Two prisons

Raffy Boudjikanian by Raffy Boudjikanian
View all articles from Raffy Boudjikanian
Article online since April 29th 2008, 16:59
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Two prisons
BY RAFFY BOUDJIKANIAN

raffy.boudjikanian@transcontinental.ca

Lise Jolicoeur was in the midst of preparing her daughter Patricia's birthday last Friday. It was the first one the family would celebrate following the conclusion of a trial which sentenced Dorval resident Edward Hakim, 21, to 18 months in jail after he accidentally struck down Patricia in November 2006 whilst speeding on a residential street in St. Lazare, leaving her paralyzed and with severe brain damage.

"It's very difficult," Lise told The Chronicle. "But we have to accept her like this." She described a painful existence for her daughter. "Patricia hears us and understands us," Lise said, "but she isn't capable of answering us."

Instead, the 29-year-old former psychology student at Université de Montréal can only communicate with her loved ones by using her hands. "If we ask her to raise her left arm, she'll try it and do it," Lise said.

Though doctors give the family little reason to think Patricia will ever recover from her condition completely, Lise said she does not agree with them. "We're going to be there for her," said Lise. "She is going to do a lot more (than the doctors are expecting)," she added.

Lise echoed her husband's earlier comments to the press, stating the man who accidentally hit her should have gotten a lot more than his current sentence. However, Hakim's lawyer, Martin Pilotte, said the young man is suffering enough for his misdeed. "His life has been completely turned upside down," Pilotte said."He is a nice young man, he's shy and introverted."

Pilotte added the Hakim family is currently keeping quiet as they wait for public scrutiny to calm down. "I find it sad that everyone's after him for what he's done," said Pilotte. "He is in a lot of pain from what happened to him."

Patricia's mother said they would like for Hakim to meet Patricia, to understand the pain he has caused. "We're the ones living with the life sentence," she said.

Meanwhile, Pilotte contended Hakim is so shocked by the accident he caused he has not even been able to drive since then.

Hakim was pulling up to his friend's car on that night to give him a message, which is why he went slightly over the 40 km/hour speed limit, according to Pilotte. Too late to stop once he saw Patricia walking her dog on the street, he wound up hitting her. "He immediately turned back to check on her," Pilotte said.

According to Lise, though, the speeding demonstrates a lack of maturity on the young man's part. "These kinds of drivers are dangerous," she said.

The accident has opened Lise's eyes to the unfair treatment accident victims receive in this province, she said. As the Jolicoeurs wait for room at a CHSLD (residential and long-term public care centre), Patricia has been staying at a private care centre in Pointe Claire.

The result is the Jolicoeurs pay $6,000 a month for their daughter, and only half of that is reimbursed by the Société d'Assurance Automobile du Québec (SAAQ). "That's $72, 000 a year," Lise said.

"We have to fight for everything," Lise said. Patricia's physiotherapy sessions cost $97 an hour, and sessions with an ergotherapist (brain and motor functions specialist) cost $ 95 an hour, she explained, but the SAAQ only reimburses 31$ an hour for each.

SAAQ spokesperson Audrey Chaput confirmed physiotherapy and ergotherapy treatment are only refundable up to $31. "The SAAQ prioritizes boarding at a public institution," Chaput explained. "If an accident victim requires lodging at a private institution, the SAAQ refunds expenses according to a maximum daily amount foreseen in the coverage. This corresponds to an average cost for the same services at a public institution."

In 2006, $1 billion were handed out to accident victims by the SAAQ, which is up from the $951 million in 2005. Chaput said the SAAQ receives around new 35, 000 claims a year, and 60, 000 are refunded per year.

Your comments

And one more thing please

Claude Jolicoeur
Article online since May 7th 2008
Hakim never turned around. It is written in the "Précis des Faits" (reports of the facts) of the Sûreté du Québec, that his girlfriend ridding on the passenger side in the car, gave him hell to go back on the scene since he had feld the sceene, he never stopped and got a hit and run charge. Hakim also told her that they would say that the other driver cut them off. In Marc Koran's statement, the witness who was out with his wife putting up Christmas decoration at the time of the event, he does say that Hakim got out of the car saying " He cut me off...... he cut me off". The grilfriend again denied that in her testimony to the police. So again Me Pilotte is not telling the truth.

Claude Jolicoeur

Patricia's prison is for life, Hakim's is very temporary

Claude Jolicoeur
Article online since May 7th 2008
Good day,

I am Patricia's father. I appreciate the article that you have written but is needs correction. You know behind all stories there is one that is not known and closer to reality then a defence lawyer will ever tell you. He or she does noty lie they omit things.

Some of the fact regarding this cause is not publicly know for all sorts of reasons, but are of very important to know.

In a nut shell and not even going over all the surgery and hospitalization and care Patricia had to go through and still requires.

First we need to go back to the night of the event that destroyed my daughter’s life. On that day, November 29, 2006, Hakim already had 2 accusations of drug possession. One for simple possession of drugs and another one for having enough in his possession that he was accused of dealing drugs. Yes he had about 35 grams in his possession when he was arrested for drug trafficking. He was however very fortunate not to have been judged and sentence for this. And you will see later why. The night he hit Patricia, police added 3 more criminal accusations to his file:

1 Hit and run
2 Dangerous driving causing bodily damages
3 Criminal negligence causing bodily damages.

For knowing a few police officers in my area since the event, Hakim was well known by the police. My son is also a young man of 23 who lived in St Lazare and was a firefighter there before moving on to Gatineau FD. He heard from friends in St Lazare that Hakim was a pusher, but no one has the guts to come forward with that information, and since there will be no trial we will never from here from these people. But of course this is only hearsay. We will also never hear from the police officers who arrested Hakim that nigh, and we will never hear from the girlfriend on board at the time of the event who asked him moments before he hit Patricia, to “Stop diving like and idiot I don’t like it”. We will never hear from the people that were out putting up their Christmas decoration and tended to Patricia while Hakim had fled the scene. Julie Marada a doctor went into action since Patricia had no pulse anymore. She was technically dead. WE WILL NEVER HEAR THE TRUTH BECAUSE THERE WILL BE NO TRIAL.

He pleaded guilty for the simple fact that his girlfriend had given the police officer a devastating testimony against him. Seeing this, the defence lawyer decided he was going to negotiate a guilty plea to only one of the accusation in Patricia’s event and the crown followed. This negotiation lead to the dilution or the wheel and deal of the accusations that went from dealing drugs to simple possession of drugs and pleading guilty to dangerous driving causing bodily damages only, therefore dropping the other charges specially the Hit and Run and leading to NO trial whatsoever. We will never have the truth in this.

The other fact, is that the drug case happened months before Patricia’s event on November 26th but were bargained all at the same time. Therefore leading the defence to say today that he had no previous criminal records. You see the gimmick here. Of course you have not been judged and sentenced because the system is to slow. You then deal the previous accusation, with the new ones and you have no past criminal records where if the system would have done it's job, he would have been prosecuted and judge for drugs, giving him previous past criminal records. You get it now..................

Who is gaining from this wheel and deal? Who is benefiting from this you think? The criminal of course. Surely not Patricia.

Patricia is in a semi vegetative state. You may visit her if you want. I personally invite you. Then and only then, you will be able to appreciate the damage and the mess that was leaf behind. Patricia is forced fed, has not spoken sine, cannot swallow, and we have to tend to her day in, day out every day of her life and our life. She is also blind in the right eye, deft the right ear, she is disfigured for the rest of her days, has the right nerve for facial expression severed so only half of her face has any expression, when she sneezes for example. My wife had to leave her job to tend to Patricia.

Who do you think got jailed for life? Who got the life sentence you think? Patricia and we did.

Do you think the Hakim ever had any feelings what so ever for her and us? ABSOLUTELY NOT. They are only interested on what could possibly keep their son out of jail. Patricia is in a jail for life. Do you think they care? NO AND NO. They don't care and have orchestrated every thing with their lawyers.

What is the message that is sent here by the judges? The message is that you can destroy someone's life and get away with it!!!!!!

Saying that he is from a good family, and he is a good kid is irrelevant. Patricia is from a good family, she was a good person and she had a life. She was also in University. She was a good and generous person. At the time of the event Hakim was not in school, had no job and no intention of going to university. Patricia had all of that and he erased that from her life for the rest of her life. HE HAS TO PAY FOR WHAT HE DID………..PERIOD THE END.

The way the defence lawyer arrange Hakim’s plea like a project:

1- You need a job………….check……………… He is now a Marketing consultant. For whom we have no idea.
2- You need a letter in the file to say you have remorse…………..check……..even if it was written 5 months after the fact and never addressed to my family.

3- You need to say you will go to university……………..check………..

4- You need to look sad……………………..check.
5- You need to say under oath you were driving at 45 km/hr…………..check……….even if this is lying, since the SQ reconstitutionists proved that he was going between 55 and 65 km/hr, and that Patricia was also on the law holding her dog. You don’t throw someone 13 meters away at 45 km/hr. You need far more speed then that. He lied in court, I heard it. Isn’t this called contempt of court (Outrage au tribunal) and it is punishable with 2 year of imprisonment.

The problem with this, is that it is not a dam project. This is about someone’s life and someone’s health.

Patricia was on the law and waiting for the cars to go by. She must have heard the car racing down the street and moved away from the street hoping they would go by. He drove on the law and hit her. What the hell was he doing on the law in the first place?

18 months for destroying someone's life and screwing up our life is nothing, absolutely nothing. Considering all the god dam negotiations that took place before, the sentence he is getting is candy. They have no idea the mess that dam kid left behind. He will also be healthy when he gets out of prison. Patricia’s prison is for life ands I will never see any grandchildren from her.

Think of all the other things we will never enjoy with Patricia anymore. Just think about it for a few moments.

Let's talk and I will tell you.

Best regards.

Claude Jolicoeur
2541 Pine Run
St Lazare, Qué
J7T 2A1


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