The evidence has been presented and now the Crown and defence will make their closing arguments today in the trial of a Vernon man charged with criminal negligence in the death of an RCMP officer.The defence decided not to present any evidence or witnesses after the Crown had closed its case against
Michael O’Brien. Defence lawyer William Mastop said that the decision not to put O’Brien on the stand was based on the evidence the Crown had submitted.“It’s very common for the accused not to testify; it’s not a signal of anything,” he said. “The Crown still bears the burden of proof at all times.”O’Brien faces two charges of criminal negligence in the death of auxiliary Const. Glen Evely and the serious injuries suffered by Const. Frank Grenier. The Crown must persuade the judge that O’Brien showed “wanton or reckless disregard for the lives or safety of other persons” as laid out in the Canadian Criminal Code.Over the course of the past two weeks, evidence was submitted that the truck that slammed into the police cruiser was travelling at up to 76 kilometres per hour, according to a traffic accident expert. A number of witnesses had said the truck was travelling at a higher speed when it ran the red light and struck the police cruiser.Testimony was also given that O’Brien had a large amount of cocaine in his bloodstream at the time. At the beginning of the trial, O’Brien pleaded guilty to possession of stolen property and fleeing from a police officer. “Certainly we’ve never contested that we have dangerous driving here,” Mastop said. “But is there enough for criminal negligence?”Mastop said to prove dangerous driving he will focus on the expert testimony of the traffic analyst. He said the reasonable number of people that could be expected to be on the street at that time of the morning and the reasonable amount of traffic affect whether or not criminal negligence is warranted.The Crown’s last witness was Lyle Enns, a utilities electrician for the City of Vernon who was in charge of maintaining the city’s traffic lights at the time the crash took place. He testified that the lights at the intersection of 29th Street and 30th Avenue were functioning normally and there was no evidence of problems in two tests conducted before and after the accident.“The signals are tested annually,” he said. “Both (error) reports came back with zero errors.”If convicted of dangerous driving causing death, O’Brien would be liable to a maximum sentence of up to 14 years. If convicted of criminal negligence O’Brien could receive a sentence of life imprisonment.Regardless of which charge the judge ultimately accepts, sentencing has been scheduled for Nov. 10.
Michael O’Brien. Defence lawyer William Mastop said that the decision not to put O’Brien on the stand was based on the evidence the Crown had submitted.“It’s very common for the accused not to testify; it’s not a signal of anything,” he said. “The Crown still bears the burden of proof at all times.”O’Brien faces two charges of criminal negligence in the death of auxiliary Const. Glen Evely and the serious injuries suffered by Const. Frank Grenier. The Crown must persuade the judge that O’Brien showed “wanton or reckless disregard for the lives or safety of other persons” as laid out in the Canadian Criminal Code.Over the course of the past two weeks, evidence was submitted that the truck that slammed into the police cruiser was travelling at up to 76 kilometres per hour, according to a traffic accident expert. A number of witnesses had said the truck was travelling at a higher speed when it ran the red light and struck the police cruiser.Testimony was also given that O’Brien had a large amount of cocaine in his bloodstream at the time. At the beginning of the trial, O’Brien pleaded guilty to possession of stolen property and fleeing from a police officer. “Certainly we’ve never contested that we have dangerous driving here,” Mastop said. “But is there enough for criminal negligence?”Mastop said to prove dangerous driving he will focus on the expert testimony of the traffic analyst. He said the reasonable number of people that could be expected to be on the street at that time of the morning and the reasonable amount of traffic affect whether or not criminal negligence is warranted.The Crown’s last witness was Lyle Enns, a utilities electrician for the City of Vernon who was in charge of maintaining the city’s traffic lights at the time the crash took place. He testified that the lights at the intersection of 29th Street and 30th Avenue were functioning normally and there was no evidence of problems in two tests conducted before and after the accident.“The signals are tested annually,” he said. “Both (error) reports came back with zero errors.”If convicted of dangerous driving causing death, O’Brien would be liable to a maximum sentence of up to 14 years. If convicted of criminal negligence O’Brien could receive a sentence of life imprisonment.Regardless of which charge the judge ultimately accepts, sentencing has been scheduled for Nov. 10.
No comments:
Post a Comment