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Waiting for justice

making a painful return to something approaching a normal life. But, Magnus Henagulph reports, her fight for justice may take much longer.

Almost three years after Angelique Crofton was left brain damaged and in a wheelchair after a devastating road accident, the mother of two is still waiting for justice to be served.

Mrs. Crofton's face and throat were badly smashed when she was hit by a van driven by ex-Policeman Stephen Terrance (Big Bird) DeSilva. The crash on Whale Bay Road, Southampton in May, 1998 also caused her brain to swell -- putting her into a coma.

But DeSilva has never been tried on charges of dangerous driving because he left the Island for Canada before his trial and has never returned.

The Croftons spoke with The Royal Gazette recently and explained the grief they have dealt with, and the pain of not seeing DeSilva brought to justice.

Mrs. Crofton said she had suffered terrible pain, and her husband, Raymond, said: "It is devastating to see my wife go through so much pain. I pray to God daily just to ease the pain.'' They have travelled to Boston on several occasions for therapy and medical treatment including an MRI to determine why Mrs. Crofton was experiencing unbearable pain in her left leg.

Mrs. Crofton's speech was also impaired as a result of the accident and Mr.

Crofton has been teaching her to speak again.

It is a complete change for the woman, who before her accident, worked for eight years as a qualified horticulturist at the Department of Agriculture and Fisheries, and enjoyed working with plants.

Her health insurance has helped pay for her medical bills, but because DeSilva was not found liable for the accident, his insurance company did not pay for any of her expenses after the crash.

Mr. Crofton said the insurance company was being more accommodating now, but it had been a strugle and the family had to provide extensive documentation of medical records and receipts before claims were paid.

Recovery from the accident has been a slow process and the family have drained their bank account to pay for medical care and, although they applied for financial assistance, Mr. Crofton said it was extremely difficult to get approved.

Asked what should happen to DeSilva, Mr. Crofton said: "I think he should be brought back and do his time and come out and work and support the family. You can't knock someone down and run.'' Accident victim's wait for justice Mr. Crofton said that after the accident, DeSilva, who had his own landscaping company, sold all of his mowers and machines and his truck before fleeing the Island to go and live in Toronto.

He questioned how this was allowed to happen even though a Policeman from Somerset Police station had written to Immigration to let them know he might try to leave the country.

A Police spokesperson confirmed that a man was charged with reckless driving and driving in a manner dangerous in connection with Mrs. Crofton's accident.

A trial date was set for May 5, 1999, after he pleaded not guilty to the two charges.

He failed to appear however, and a warrant was issued.

Police forwarded the file to the Director of Public Prosecutions last year and at the last update, Police were exploring possible avenues for extradition.

The family have met with Commissioner of Police Jean-Jacques Lemay who went to their home and discussed possible options of what could be done.

An extradition treaty does not exist between Bermuda and Canada, but in June of last year, Anne McLellan, Minister of Justice and Attorney General of Canada announced that legislation that modernises and strengthens Canada's extradition laws received Royal assent.

Mr. Crofton had also written to Premier Jennifer Smith and explained his situation. She wrote back and said the law did not allow people to be extradited for traffic offences.

But she warned: "If he comes back, he will be arrested.'' Mr. Crofton also said it would be hard to extradite DeSilva because he has dual citizenship.

Mr. Crofton said: "Something needs to be done because of the struggle we go through daily.'' He said the last few years have been like a bad dream, but he thanked the people of Bermuda for helping his family.

"Numerous people have helped us and it shows how we can come together as a people,'' he said.

Mr. Crofton explained his wife's long painful road to recovery, learning how to make meals, how to wash, and clean, and said: "The fact that she has come back from the accident and can use her own mind is a blessing.'' Mrs. Crofton added: "I'm thankful for the people that have contributed to me.'' Both Mr. and Mrs. Crofton could not praise her caregiver enough, and said that Lisa Butterfield was a Godsend.

The Croftons have two children, a 14-year-old daughter, Raylika, and their four-year-old son, Ray.

Mr. Crofton said they had been asking questions about exactly what happened, and they could not give them satisfactory answers.

Mr. Crofton is a tree surgeon with the Parks Department. He said his boss was very understanding in allowing him time off to deal with his family crisis although he now works exceptionally hard to make ends meet and care for his family.

As for Mrs. Crofton, she told The Royal Gazette : "I would like to see him pay for what he has done. He could even say he was sorry.''