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Judge reserves verdict in highway death trial

By: Mike McIntyre

Posted: 09/12/2012 5:00 PM | Last Modified: 09/12/2012 9:31 PM | Updates

The Crown says it was a reckless and criminal act. The defence claims it was a blameless accident. A Manitoba judge needs a few more weeks to sort through the evidence in a deadly highway crash case.

Nikolaj Derksen ran a highway stop sign, struck another vehicle and killed a female passenger while going as fast as 112 kilometres per hour on a June 2009 morning in southern Manitoba.

But Derksen, 41, has pleaded not guilty to dangerous driving causing death. His trial ended Wednesday with closing arguments.

Queen’s Bench Justice Doug Abra has reserved his decision until Oct. 4. He will determine if Derksen’s failure to stop represents a "marked departure" from the normal standard of care expected of motorists. No other factors, such as alcohol were involved.

Margaret Harries, 67, a passenger in a car travelling east on Provincial Road 311, 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.

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