Winnipeg Free Press (Newspaper) - February 12, 2014, Winnipeg, Manitoba
C M Y K PAGE A6
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A N organization of lawyers defending
animal rights has filed a
petition in an Argentine court on
behalf of Arturo the polar bear.
He's being " unlawfully deprived of
his liberty" at Argentina's Mendoza
Zoo, argues the Association
of Professional Attorneys
for the Rights of
Animals.
The association said
the " unprecedented action"
was taken when
Arturo's South American
zoo announced last
week the polar bear
couldn't leave for a zoo
in Winnipeg and would be left there to
languish.
" They're not asking for freedom -
they're asking for good conditions and
to transfer Arturo to Assiniboine Park,"
said Maria Fernanda Arentes, the Winnipegger
who spread the word about
Arturo's plight.
Last year, video of the arctic animal
pacing back and forth in a substandard
enclosure in a steamy South American
zoo caused an uproar around the world.
This past week, a group of lawyers
came to his defence.
" What they are trying to do is
changing the law by setting precedents,"
said Arentes.
" They're saying to the judge they
think we don't have the right to keep
this animal in this condition because
animals have rights," said the Argentine
expat. If their case is successful,
" it will not be easy after this to openly
exert abuse on animals like this."
Last year, the International Polar
Bear Conservation Centre in Winnipeg
offered to move Arturo here, causing
a backlash from some in Mendoza who
said " pirates" were coming to take their
bear.
Last month, the Assiniboine Park
Conservancy that runs the polar bear
centre said it couldn't get a Canadian
import permit for Arturo because the
Mendoza Zoo officials didn't have the
required medical records.
Last week, Winnipeg zoo representatives
met with Arturo's keepers via
Skype and offered to go to Argentina
and advise them on how to better care
for the bear. Mendoza Zoo officials
were reportedly considering it.
Animal rights lawyers in Argentina
are asking the court for Arturo's immediate
transfer to the polar bear
centre in Winnipeg or " some other
place of similar characteristics in the
world," a translation posted online
said.
They've turned up the heat on Arturo's
keepers but Arentes doesn't expect
the wheels of justice will move
quickly. It's summertime in Argentina
right now and courts grind to a halt
with so many people on vacation, she
said.
Meanwhile, Arturo has to endure daytime
highs of close to 40 C, she said.
" This summer is very hot."
carol. sanders@ freepress. mb. ca
SCAN PAGE TO
SEE ARTURO'S
LIVING
CONDITIONS
CHILLIWACK, B. C. - A veteran
British Columbia hang- glider pilot
sentenced to jail after his passenger
plummeted 300 metres to her
death should never have missed
several fundamental steps during
a pre- launch safety check, a judge
said Tuesday.
William Jon Orders, 51, received
a five- month jail sentence for criminal
negligence causing death.
Lenami Godinez Avila, 28, died
on April 28, 2012, after she fell during
a tandem flight across B. C.' s
Fraser Valley.
The court heard Orders didn't
hook Godinez- Avila to the glider and
also failed to conduct several tasks
during a required safety check before
launching. After he landed,
he swallowed a memory card containing
video of the incident.
Had Orders performed those safety
checks, Godinez- Avila's family
would have been spared the heartbreak
they now endure, said B. C.
Supreme Court Judge Brian Joyce.
" I do not accept the suggestion
made... that what occurred here
was merely a momentary loss of
attention," Joyce told the court.
" There is a clearly established
procedure that is to be followed in
conducting a tandem hang- gliding
flight. ... Mr. Orders failed to do all
of these things."
Godinez- Avila was from Mexico
and had lived in Canada for 10
years. She was working for B. C.' s
Environment Ministry while studying
at the University of British Columbia.
The hang- gliding adventure
was meant to be a celebration of
Godinez- Avila's anniversary with
her boyfriend.
Her father, Miguel Godinez, who
was in court to watch the proceedings,
said the sentence didn't go far
enough.
" I think it was a very light sentence,"
he told reporters outside the
courthouse in Chilliwack, east of
Vancouver. " I don't think any father
in the world - any parent - would
stand for this situation."
After Godinez- Avila fell from the
glider, Orders landed the aircraft
and swallowed a memory card containing
video of the incident. He
was charged with obstruction of
justice, but the charge was dropped
by the Crown.
During a court hearing last Friday,
the Crown described the contents
of the video, which was not
shown.
The video starts with Orders and
Godinez- Avila taking off from the
mountainside.
Shortly after, it becomes obvious
Godinez- Avila's harness was not
hooked onto the glider, the court
heard. The footage shows her clinging
desperately onto Orders and the
hang- glider while Orders attempts
to clip her in, but she slips off and
falls.
Defence lawyer Jeff Campbell
told the court last week Orders was
distracted by a number of things
prior to the launch, including an
argument with his assistant earlier
in the day and by his new video
camera, which was attached to the
hang- glider.
But the judge said Orders, who
was a hang- gliding instructor, was
expected to be vigilant at all times.
" Mr. Orders was a well- trained,
experienced pilot who is expected
to work through these kinds of distractions,"
the judge said.
" Connecting Ms. Godinez- Avila
was a fundamental step in the procedure,
not a minor step that should
be overlooked because of these
kinds of distractions."
After the incident, Orders apologized
to Godinez- Avila's family and
friends for his role in her death,
and he apologized again in court
last week.
Joyce said Orders' remorse is
" genuine and deeply felt." He also
noted Orders' failure to connect
Godinez- Avila was unintentional,
and that his guilty plea allowed
Godinez- Avila's family to avoid the
pain of having to watch the video of
her last moments.
" While the result of Mr. Orders'
negligence could not be more tragic,
I accept submissions of counsel
his moral culpability is at the lower
end of the spectrum," Joyce said.
Outsidecourt, CrowncounselCarolyn
Kramer said the jail sentence
doesn't change the wide shadow the
case has cast over two families.
" The family, they lost somebody
they clearly loved. Those gutwrenching
victim- impact statements
were amazing and they are
just so sad," she said.
" The spillover to Mr. Orders and
his family, and then the community
at large - it's just very tragic."
- The Canadian Press
' Unprecedented action'
in fight to save polar bear
By Carol Sanders
Pilot's
neglect
leads to
jail time
Harness not hooked,
woman fell to death
By Vivian Luk
YOUTUBE
Arturo has been subjected to highs of
close to 40 C in an Argentine zoo.
William Orders swallowed evidence.
A_ 06_ Feb- 12- 14_ FP_ 01. indd A6 2/ 11/ 14 11: 18: 17 PM
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