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Debate centres on whether law was broken in crash that killed elderly woman

By: Mike McIntyre

Posted: 09/11/2012 7:21 PM

There is no dispute Nikolaj Derksen ran a highway stop sign, struck another vehicle and killed an elderly female passenger while going as fast as 112 km/h.

But there is plenty of debate about whether Derksen broke the law on that tragic June 2009 morning in southern Manitoba.

Derksen, 41, has pleaded not guilty to dangerous driving causing death. His trial began Tuesday. Queen’s Bench Justice Doug Abra must determine if Derksen’s failure to stop represents a "marked departure" from the normal standard of care expected of motorists.

There are no other factors, such as alcohol, 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 provincial road 206 when a northbound minivan driven by Derksen blew through the stop sign and T-boned their vehicle.

"It was like when a bat hits a ball," witness William Hornick told court. He was travelling westbound on 311 but slowed down before reaching the intersection when he saw the van approaching fast.

"He was going pretty fast... it seems as if he sped up as a matter of fact," said Hornick, who lives and works in the area and travels the same route daily. "That corner is a bad corner. I see people go through that stop sign often."

Hornick rushed towards the two crumpled vehicles after they came to rest in a field and ditch just off the highway. He said 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.

"I knew she was dead," said Hornick. "(Derksen) was apologizing to (the husband). He just didn’t see him. Didn’t look that way, I guess."

Hornick said road and weather conditions were perfect that sunny morning around 6:30 a.m., but admits even he had difficultly spotting the victim’s car because it matched the colour of the pavement. However, he said Derksen shouldn’t have had any trouble spotting the stop sign, especially since it included a blinking red light on top of it.

An RCMP collision expert told court Tuesday 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.

The trial is set to last three days.

www.mikeoncrime.com

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

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