Impaired driving causing death case: an update

Yesterday the court case against the impaired driver who hit and killed my mother-in-law continued. In October, it was emotional mayhem when we found out that the evidence obtained through a blood sample that the police took was ruled inadmissible. But there was hope – because as it turned out, the Crown had issued a search warrant for the perpetrator’s medical records and a blood analysis expert was prepared to testify to the impairment level of that blood. Fabulous!

Yesterday, we were scheduled to hear said expert testify.

However, the Crown failed to give the defence lawyer seven days notice of its intention to use the expert witness as required by the Canada Evidence Act. An honest “mistake,” he simply forgot to file the completed paperwork. He asked the judge for an adjournment.

If granted, the case would continue with anticipated success. But, if denied, considering that the defence was most certainly opposed to the adjournment, the case would essentially be over and the perpetrator would likely walk.

After much deliberation and argument, the adjournment was granted. The case will continue on Dec. 15.

Thank the lord!

As we were leaving the court, Scott told the Crown that he’d be more than happy to take the next two weeks off work to be his volunteer assistant to give him a hand with stuff like delivering and issuing critical paperwork. The Crown simply bowed his head and said “I deserve that – I do!”

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  1. […] Update II (November’s court fiasco) from → Impaired Driving, MADD Canada ← Impaired driving causing death case: it’s off to court we go LikeBe the first to like this post. No comments yet […]

  2. […] Part III – court update II (when the Prosecutor forgot to file appropriate paperwork) […]

  3. […] Part III – court update II (when the Prosecutor forgot to file appropriate paperwork) […]

  4. […] Part III – Prosecution Blooper  […]

  5. […] Part III – the prosecution’s blooper  […]

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