Brad Eliason as seen here after he came out of a medically-induced coma after being severely injured during an unprovoked assault at Okanagan Lake beach by Thomas Kruger-Allen. (Photo courtesy of GoFundMe)

Beach attacker’s sentencing delayed in Penticton court

His defense lawyer has introduced a Charter of Rights breach application

  • Feb. 24, 2021 12:00 a.m.

Sentencing of Thomas Kruger-Allen has been delayed.

Kruger-Allen’s defense lawyer introduced a possible Charter of Rights breach today (Feb. 24) and will be making an application.

Kruger-Allen was scheduled to be sentenced Wednesday, but his lawyer, James Paddington, introduced a Charter application that may be to do with a Charter of Rights breach involving his arrest in 2019. It wasn’t quite clear what the breach involves because the courtroom audio was poor.

The Supreme Court judge requested Crown counsel and defense discuss the Charter application and how to proceed from here while the court was stood down. Prior to that, Crown questioned whether Paddington would be seeking a lesser sentence if his Charter breach challenge is successful. There was not an answer to that.

Sentencing will resume March 5.

Before the court was stood down, Paddington finished his sentencing submissions. He is asking that Kruger-Allen serve 12 to 18 months in jail for the 2019 beach attack that left one of his three victims with a traumatic brain injury.

Crown prosecutor Nashina Devji is asking for five to six years in jail.

With credit for time served, Kruger-Allen will see more than two years taken off any sentence he is given, said Crown.

On Wednesday, Crown counsel spoke to how limited the programs are to help Kruger-Allen if he continues to be in provincial jail.

“While there has been a significant cut to programs in federal prisons, it’s still better than provincial.”

The courtroom heard the heartbreaking victim impact statement of victim Brad Eliason who was upper-cut punched by Kruger-Allen, causing him to fall back and hit his head on the concrete. Eliason suffered a traumatic brain injury that has life long implications.

Eliason remained in a coma for three weeks, had to have part of his skull removed to relieve the swelling in his brain and continues to have seizures as well as physical and emotional pain. Prior to the assault, Eliason was happily married, working and looking forward to starting a family. He dreamt of having kids, said his now ex-wife Chelsea Townend in her victim statement.

“I’ve lost everything,” said Eliason in the courtroom yesterday. “I’ve lost my wife, my home, my job.”

READ MORE: Kruger-Allen is a danger to his community if his anger isn’t treated – says Crown

To report a typo, email: editor@pentictonwesternnews.com.

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