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Winnipeg Free Press - ONLINE EDITION
Driver not guilty of dangerous driving causing death
Nikolaj Derksen ran a highway stop sign, struck another vehicle and killed a female passenger while going as fast as 112 kilometres per hour. But the Manitoba motorist did not commit a criminal act on that June 2009 morning, a judge has ruled.
Derksen, 41, was found not guilty today of dangerous driving causing death. Queen's Bench Justice Doug Abra said despite the deadly result, Derksen's failure to stop did not represent a "marked departure" from the normal standard of care expected of motorists.
"There’s no question the result of the accused’s conduct was tragic," said Abra. "But in deciding whether the accused drove dangerously, I cannot consider the tragic results of the collision."
Abra said a lack of other factors – such as excessive speeding, alcohol or reckless driving or inattention – make it difficult to conclude the Crown had proven "beyond a reasonable doubt" that Derksen is guilty.
There was also evidence presented at trial last month that many other motorists often miss seeing the stop sign and go through it, which Abra said he took into consideration.
Margaret Harries, 67, a passenger in a car travelling east on Provincial Road 311 in southern Manitoba, died at the scene. Her husband was behind the wheel and had started through the intersection at PR 206 when the northbound minivan Derksen was driving blew through the stop sign and T-boned their vehicle.
Derksen quickly jumped out of the minivan and was clearly distraught as he went to check on the car he'd just hit. Derksen helped the driver out of the wreckage, but it was too late for anyone to save the man's wife.
An RCMP collision expert told court Derksen was travelling between 109 km/h and 112 km/h at the point of impact, and no skid marks were found indicating any attempt to stop. The posted speed limit is 100 km/h.
www.mikeoncrime.com
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