Jeff Scott’s family says the judicial system let them down.
The 50-year-old Norfolk County father of three was hit by a vehicle while at standing at the end of his Waterford driveway on Nov. 25, 2020. The driver was charged with careless driving causing death.
But, as the case wound through the court system, the family says if was left out of the loop, especially when it came to the dropping of the charge.
“We were frustrated and gutted at the decision to dismiss the charge,” said Scott’s father, Jack Scott, who, with other family members, watched online the proceedings of multiple court sessions.
“The sixth time, without any information from anyone, the Crown made a statement requesting dismissal of the charge and (expressed) ‘our condolences to the Scott family. Next case’,” said Jack.
It wasn’t until family members insisted on meeting with the Crown that they learned they were supposed to have been connected to a victim support system that would have walked them through the process, ensuring they had the opportunity to provide input. Apologies were made but the family was told there is no recourse once charges are dropped.
“To find out there was a supposed victim support system in place that hadn’t been mobilized came as a real shock to us and further hurt every member of the family,” said Jack.
“Nothing was shared with us. We feel totally forgotten.
“We just hope another family never has to go through this: we were devastated by the death and its circumstances, but to have the court system basically ignore us left a big void.”
On the night he was killed, Jeff, owner and CEO of Great Lakes Physiotherapy and Sports Medicine in Simcoe, was at the end of his Concession 10 driveway. It was dark and rainy and Jeff was wrestling a barbecue down the driveway toward his pickup truck, which was parked at the side of the road with its lights on.
According to the police accident report, a red Ford that came upon the truck, veered to the right, going through a ditch before sending Scott, the barbecue and a mailbox flying.
Norfolk OPP charged Brian Lucas, of Simcoe, with careless driving causing death, a charge that, four years ago, was amended to include higher penalties with fines up to $50,000 and jail up to two years less a day.
While the Crown attorney’s office will often communicate with victims the reasons for a charge being withdrawn, it does not make those reasons public.
“Evidence was never presented in court, so we don’t know what was available,” said the elder Scott.
“There’s no accountability for someone causing a death. It boggles my mind.”
Questions put to the Crown’s office were met with a statement from the Ministry of the Attorney General, saying they are unable to comment on specific cases. But the statement noted that police work independently of the Crown and the facts and circumstances of each case determine the appropriate charges.
“The ministry extends condolences to all those who were touched by the passing of Jeffrey Scott,” said spokesperson Maher Abdurahman.
He added that the ministry’s Victim/Witness Assistance Program, or VWAP, is designed to provide clients with details about a case’s status, the court process and services and resources.
As for how the Scotts fell through the cracks of the system, Norfolk OPP spokesperson Const. Ed Sanchuk said notifications went from the OPP to VWAP, as they do every time charges are laid in such a case.
“This is a very tragic situation for everyone involved,” Sanchuk said in an email.
During a meeting, Crown and VWAP representatives apologized to the Scott family and gave assurances they would seek to ensure that a similar situation doesn’t happen again.
But, without accountability from the criminal justice system, the family said it felt compelled to pursue a civil action against the driver. They have launched a multi-million dollar negligence lawsuit in the names of Jeff Scott’s parents, children and brother.
Lawyer Michael Smitiuch, who is representing the Scotts, said the family’s experience isn’t unique.
“The current laws provide few charge options for prosecutors to pursue and the options available carry little punishment for those who are convicted,” Smitiuch said in an email.
“This has to change. Until it does, victims will continue to have to seek accountability through the civil system.”
Lucas and his lawyer have given notice they will deny liability in the case, claiming that Jeff Scott was inappropriately parked on the rural road. They have filed a counterclaim.
Jack Scott said he hopes the lawsuit will provide his family some closure.
“My grandkids ask questions about why the court didn’t do something and I have no answers for them.”
@EXPSGamble