Monday, December 20, 2004

The Globe and Mail: Stan Koebel jailed for his part in Walkerton tragedy

The Globe and Mail: Stan Koebel jailed for his part in Walkerton tragedy

By Allison Dunfield

Stan Koebel, former manager of the Walkerton utilities commission, was sentenced to a year in jail Monday for his part in the water tragedy that killed seven people in May, 2000, closing what many hope to be the final chapter in the saga of the devastating E.coli outbreak.

His brother, Frank Koebel, who was Walkerton's water foreman during the time of the outbreak, was sentenced to nine months of house arrest.

The judge, Mr. Justice Bruce Durno of Ontario Superior Court, said that he did not sentence Stan Koebel to jail time to appease those in the community who wanted a scapegoat for the tainted water tragedy, but rather, because of some of his actions, such as faking water reports and failing to initially disclose problems with the water to officials.

"The offenders are not being sentenced for being the cause of the Walkerton water tragedy," Judge Durno told a packed courtroom.

However, he acknowledged the ongoing suffering that has resulted from the E. coli bacteria which poisoned the water system in 2000.

"No sentence I could impose, can assuage the enormous losses," Judge Durno said.

The Koebel brothers, who ran the system during the outbreak of E. coli more than four years ago, were charged with public endangerment, fraud and breach of trust. However, during a plea bargain in November, they pleaded guilty to risking public safety by failing to monitor and treat the water properly. The charge, formally called common nuisance, carries a two-year maximum jail sentence.

After the sentencing, which took nearly two hours, Stan Koebel's lawyer, Bill Trudell, told reporters outside the court house in Walkerton that he believes his client is a decent man who made a mistake.

"This is a man of moral fibre, and during that period of time there was a blip in it, but I don't think anyone would doubt that he's ethical," Mr. Trudel said.

He said Stan Koebel has an "incredible spiritual connection and strength" that has helped him get through the years since the tragedy.

"From a personal point of view, I like this man.... I've been doing this for 32 years, and I have very seldom seen the dignity that I see with Stan Koebel so that's a bit frustrating," Mr. Trudell said.

He added: "For those who are still angry at him, I think Stan Koebel will say, 'I hope that you can forgive me sometime'--but people have to form their own judgments of what happened."

Crown attorney David Foulds, who spent years prosecuting the case, told reporters after the sentencing that although the jail term closes the final chapter in the town's devastating event, it's not a joyful occasion.

"I don't think anybody can be happy in this case. The tragedy for the community, for the victims--there are things that will take years to recover from."

Mr. Foulds said he believed Judge Durno did a good job in explaining why Stan Koebel deserved jail time.

And the sentenced served to send a larger message, Mr. Foulds said.

"I think it sends a sharp and clear message that if you are employed in an occupation of any kind where public safety is affected, that if you don't perform your legal duties according to law, there's a real risk that you can be sentenced to jail."

Tom Pearson, whose mother was one of the seven who died as a result of the contaminated water, said he felt the judge did the right thing.

"I believe that the judgement was well-considered, and yes, I believe that justice was served."

But another victim, Art Jefford, whofell ill from the bad water, told reporters that, the brothers got off too lightly.

Charlie Bagnato, mayor of the nearby Municipality of Brockton, told CBC Newsworld that the sentece is a "relief" and will help the community move forward. "I would never want to have had that job, but i think it was fair," Mr. Bagnato said of Judge Durno's sentencing of the two brothers.


Earlier this year, in court, Mr. Foulds had argued that Stan Koebel should receive the maximum sentence for his part in the incident.

But Mr. Trudell asked for a conditional discharge for his client, as did Frank Koebel's defence lawyer Michael Epstein.


Stan Koebel, 51, was in charge of the city's utilities during the E. coli outbreak of May 2000. Frank, 46, was the city's water foreman. The devastating illness that swept the city while the brothers were in charge not only killed seven people but also sickened 2,500 others. Some are still suffering the long-term effects of E. coli.

Because of the high-profile nature of the case and the far-reaching effects of the tragedy, changes have been made to the Ontario water system and to other water facilities in Canada.

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