Family of woman killed in car crash during wedding in West Vancouver speaks out

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Guests had just attended the wedding ceremony and were enjoying drinks and canapés in the garden of a West Vancouver home when the unimaginable happened.

A neighbor’s Range Rover sped into the wedding reception after crashing through a fence and gate made of stone blocks and wrought iron. A small boulder struck and killed 67-year-old Annie Kong. The SUV then crushed another guest, a woman in her 60s, against the base of a garden fountain, killing her.

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“I screamed at (Annie) to wake up, but she didn’t respond… I held her in my arms until she died,” recalled Kong’s husband, Liong Kong. “There was wailing and crying everywhere. They tried to pull out the second victim who was trapped and crushed under the (SUV). They couldn’t do anything to free her.”

Ahead of a hearing beginning Monday in North Vancouver Provincial Court, Kong’s family is speaking for the first time about the events of that August 2022 day in which seven other people were injured.

Hong Xu, who is in her mid-60s, will face a charge of careless driving under British Columbia’s Motor Vehicle Act, which carries a maximum penalty of $2,000.

In an emotional video conference with Postmedia News, Liong Kong, his son Nigel Kong of Denmark, and his daughter and son-in-law Joanna and Jeff Moy of Chicago said they were devastated that no charges were filed against Xu.

“There is no sense of justice here,” said Jeff Moy. “It’s basically just being treated as a traffic violation.”

He said the prosecutor told the family that after reviewing the police report, he did not believe the prosecution could prove criminal intent. The medical examiner described the events of that day as an accident, according to the family.

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The general standard for a criminal conviction for dangerous driving causing death is that his conduct represented a “marked departure” from the standard of care expected of a reasonable person. For criminal negligence causing death, the standard is even higher – a “marked and substantial departure”.

The family also learned that under British Columbia’s no-fault insurance system, which came into effect in May 2021, they cannot sue the driver for wrongful death unless there is a criminal conviction.

Under the old system, the Kongs would have been entitled to compensation for any financial losses they suffered as a result of Annie’s death.

Under the new no-fault system, victims of car accidents will no longer have the right to sue the other driver unless “the at-fault driver has been convicted of certain criminal code offenses, such as driving under the influence of alcohol,” according to the ICBC website.

“But even if these exceptions apply, you still cannot claim the damages you could have claimed under the old system,” says Vancouver-based civil litigation lawyer Kevin Gourlay.

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Liong Kong said that without a criminal conviction or even an indictment and without the opportunity to file a lawsuit, “there is no accountability.”

It’s not about the money, he said.

“It appears that no one is responsible… She (Xu) was simply charged with driving without due care or attention.”

A tougher penalty would also deter others from driving in a way that could harm others, he said.

Ian Donaldson, Xu’s lawyer, confirmed on Wednesday that his client intends to plead guilty next week to the charge of violating the Motor Vehicle Act.

Xu made a mistake and stepped on the accelerator when she wanted to brake, he said.

“It’s one of those pure accidents.”

While acknowledging the “terrible, horrible consequences,” Donaldson said police and prosecutors conducted a thorough investigation and found that “the element of mental disability that we associate with criminal behavior is not present.”

“I understand that people are hurt and have suffered immeasurable losses, but the answer is not to prosecute more harshly a person who bears no criminal responsibility in a moral sense,” he said.

“Locking Xu up won’t make things better.”

The details of the accident on August 20, 2022, and its aftermath are still fresh in Liong Kong’s memory. After the wedding ceremony, guests waited for the dining tables to be set up on the other side of the house.

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Xu had previously invited guests to come to her neighboring property to view the plants and statues in her garden. The Kongs were among the guests who took the tour about half an hour before the crash.

The day was sunny and pleasant – nothing foreshadowed the carnage that followed when the white Range Rover drove through the fence into the crowd. The force of the SUV’s impact with the fountain sent the top half of the fountain flying several meters, he recalled.

Liong Kong remembers the loud bang. The chaos. The wailing of the others while he held his wife in his arms.

Paramedics tried to resuscitate his wife, but then apologized and ran to help others.

An air ambulance landed in the driver’s yard to fly the injured man to the hospital.

Liong Kong, covered in blood but physically unharmed, was taken to Lions Gate Hospital, where he waited an hour for examination before returning to the house to say goodbye to his wife, whose body was covered with a white tablecloth.

Annie Kong’s family remembered her as a loving and caring wife, mother and grandmother, but also as a wonderful cook and gardener who loved feeding birds.

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“She was the anchor of our house and always took care of birthdays and Christmas. She was always the one who said ‘I love you’ every night,” Nigel Kong said. “She always put everyone else before herself.”

He said the family has not met since COVID-19 and his mother is looking forward to having them all together for Christmas this year.

With files from Douglas Quan

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