Winnipeg Free Press - ONLINE EDITION

Evidence ignored in dangerous driving acquital, appeal court told

  • Print

A trial judge was accused of ignoring vital evidence during a Manitoba Court of Appeal hearing this morning.

The accusation came in an appeal of a man’s acquittal of a dangerous driving charge involving a fatal hit-and-run in 2008 near Oak Bluff.

Roland Artimowich was found not guilty despite admitting: fleeing the scene; driving 40 kilometres an hour faster than the posted speed limit in his Jaguar; and he had spent the night leading up to the crash drinking.

Odette Dequier, 46, was killed in November 2008 in a crash on Highway 3 near Oak Bluff. She was driving her pickup truck west through town when she was struck head-on by a van. Police say the van had been rear-ended by a speeding 1999 Jaguar, forcing the van's driver to lose control of the vehicle, cross the median and strike Dequier's truck.

Dequier was taken to Health Sciences Centre in critical condition and she died a week later from her injuries. The driver of the Jaguar fled on foot before police arrived.

Artimowich turned himself in to police the following day, admitting he was behind the wheel of his mother's Jaguar. He claimed he got scared by the sight of Dequier trapped inside the wreckage of her vehicle and didn't want to stick around to see any more.

Crown counsel Chris Vanderhooft told the three-justice panel that Justice Morris Kaufman erred in law when he refused to consider evidence – testimony of a witness who had arrived on the scene and police photographs.

Vanderhooft said Kaufman’s explanation he had not been given sufficient information about the surrounding circumstances, including posted speed limits, road condition, and location of the accident, was not correct.

Vanderhooft said all the key evidence was presented to Kaufman but he chose not to look at it.

"All he had to do was look at it," Vanderhooft said.

The panel reserved its decision.

History

Updated on Friday, May 24, 2013 at 2:07 PM CDT: Adds the decision has be reserved.

Fact Check

Fact Check

Have you found an error, or know of something we’ve missed in one of our stories?
Please use the form below and let us know.

* Required
  • Please post the headline of the story or the title of the video with the error.

  • Please post exactly what was wrong with the story.

  • Please indicate your source for the correct information.

  • Yes

    No

  • This will only be used to contact you if we have a question about your submission, it will not be used to identify you or be published.

  • Cancel

Having problems with the form?

Contact Us Directly
  • Print

Comments are not accepted on this story because they might prejudice a case before the courts.

letters

Make text: Larger | Smaller

LATEST VIDEO

Shots ring out as police say armed threat "resolved"

View more like this

Photo Store Gallery

  • A baby Red Panda in her area at the Zoo. International Red Panda Day is Saturday September 15th and the Assiniboine Park Zoo will be celebrating in a big way! The Zoo is home to three red pandas - Rufus, Rouge and their cub who was born on June 30 of this year. The female cub has yet to be named and the Assiniboine Park Zoo is asking the community to help. September 14, 2012  BORIS MINKEVICH / WINNIPEG FREE PRESS
  • RUTH BONNEVILLE / WINNIPEG FREE PRESS June 23, 2011 Local - A Monarch butterfly is perched on a flower  in the newly opened Butterfly Garden in Assiniboine Park Thursday morning.

View More Gallery Photos

Poll

Will higher pork prices change your grocery-shopping habits?

View Results

View Related Story

Ads by Google