A South Okanagan man ordered to pay almost $500,000 for burning down an Oliver pharmacy won’t have to cough up for the damage after a BC court ruled it would be counterproductive to his rehabilitation.

Steven Marlo Gallagher caused $472,434 of damage to the RX Pharmacy for his “vengeance-based” arson attack and, along with a three-and-a-half-year jail sentence, was given a restitution order to compensate the insurance companies that ultimately cover the damage.

However, Gallagher appealed the restitution order arguing that Crown prosecutors hadn’t asked that he cover the cost of the damage, and that the judge had made the order without any inquiries as to his ability to pay.

“As both (Gallagher) and the Crown submit, it is clear to me that the judge committed several errors,” Justice Patrice Abrioux said in an April 27 decision.

The Justice said restitution orders must be made with “restraint and caution” and not as an “afterthought,” which had occurred in this case.

The Justice also added that when an offender hadn’t profited from a crime, unlike fraud, their inability to pay should be seen as a very important factor.

The decision said that along with the sentence for arson, Gallagher was later sentenced for weapons offences, and his jail sentence will end in 2026.

“I agree with the parties that the judge erred in imposing such a significant restitution order in light of this important factor and his own factual finding that (he) would unlikely be able to pay,” the Justice said.

Prior to going to prison, Gallagher lived in a rent-to-own property on the Osoyoos Indian Band, had no savings and is the father of three children. When working in the logging industry, he had made between $4,000 and $6,000 a month.

“(Gallagher) has now been in custody since July of 2022. He is currently 33 years of age; he will be 43 years old at the expiry of his combined federal sentence in April of 2036. The reality is that when he is ultimately released from federal prison, there will have been a very lengthy interval since he was last at liberty in the community and gainfully employed,” Justice Abrioux said.

The Justice said Gallagher had made significant and commendable efforts toward his rehabilitation while in custody.

“It would therefore be counterproductive to (his) ongoing and future rehabilitative efforts and legal obligations over the decade to come…to also require restitution payments from him,” the Justice said.

To add the financial obligation to pay the money back wouldn’t be consistent with the sentence handed out, which ultimately wants to achieve rehabilitation and reintegration back into society, the Justice said.

“If (Gallagher) does ultimately accomplish a turnaround in his life in the coming years, and refrains from re-offending in future once he is back in the community, the critical objective of protection of the public will also be achieved. Accordingly, the public interest in (his) ultimate successful rehabilitation is very high,” the Justice said.

The panel of justices at the BC Appeal agreed and ruled Gallagher didn’t have to pay the money back.