The family of a man seriously injured in a hit and run is questioning why the man accused of hitting him was able to leave the country to compete at the Commonwealth Games as a member of Team Canada.

“There is something wrong with this picture,” wrote Barbara Smith Gulliford in a Facebook post shared by close to 2,000 people as of Thursday evening. The post included a picture of her nephew, 29-year-old Nicolas Emmerson Andali, in the hospital with a neck brace and intubated tube, his face visibly bruised.

On March 18, Andali was struck by a vehicle while walking down a street in Sarnia, Ont. He suffered a broken shoulder blade, lacerated spleen and brain bleed, and was taken to the local hospital for critical care. Police said the driver fled the scene.

The next day, Boady Santavy, 20, turned himself in to police. He’s been charged with failing to stop at the scene of an accident and was released by the officer in charge with a promise to appear at court, according to Sarnia police. Santavy, a weightlifter, is now in Brisbane, Australia, representing Canada at the Commonwealth Games.

The Star contacted Commonwealth Games Canada, who said Santavy has been advised not to comment.

Richard Powers, president of Commonwealth Games Canada, said Santavy’s participation at the games was not hindered by this incident because he has only been charged, not convicted.

“Our justice system believes a person is innocent until proven guilty, and so do we,” said Powers, adding criminal charges don’t automatically disqualify an athlete from competing for Canada.

In the event that Santavy, or any Team Canada athlete, was convicted of a crime, the organizing committee would have to discuss next steps, Powers said.

There is no condition listed in the Commonwealth Games Team Member Agreement specifically limiting an athlete’s participation in the Games if they face criminal charges. The only reason for termination from the Games is in the event the athlete “becomes ineligible to represent Canada or is deemed unable to fulfill this agreement,” as determined by the Canadian Commonwealth Games organizing committee.

Constable Giovanni Sottosanti, the executive media officer for Sarnia police, said releasing Santavy was standard procedure in a hit-and-run case. Because of the ongoing police investigation and pending court case, neither Andali nor Gulliford provided comment to the Star.

“How does one walk into a police station and say ‘I think I hit that guy’... ... walk away to further his professional career?” Gulliford wrote in her post. She wrote Andali requires 24-hour care, cannot walk or shower unassisted, and is using a hospital bed and wheelchair at home. In the post, she added that he is suffering from nightmares and constant pain.

Santavy is the third generation of competitive weightlifters in his family, and was ranked sixth at the 2017 International Weightlifting Federation World Championships held in California. He is one of 282 Canadian athletes competing at the Commonwealth Games, which are being held from April 4 to 15. Santavy qualified as the number one ranked athlete in Canada in the 94 kg event.

In an Instagram video posted last week, Santavy appeared with actor Chris Hemsworth, who wished the weightlifter and Team Canada luck in the Games.

Toronto criminal lawyer Adam Romain told the Star that it is not uncommon for a person in a hit-and-run incident to be released from custody by police instead of being held for a bail hearing.

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“In a hit and run situation, the police will usually release an accused person unless he won’t attend court or there is a concern about public safety,” said Romain. “The fact that he surrendered himself right away after learning of the accusations informs the police assessment of his flight risk and danger of reoffending.”

Santavy is set to appear in court on April 24 at 9.30 a.m.

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