Calgary prosecutor says testimony of drunk motorist is ‘unimaginable’

Article content material

The proof of an impaired motorist who mentioned he had the appropriate of manner when he become the trail of an oncoming bike is “unimaginable” and should be rejected, a prosecutor mentioned Friday.

Article content material

Nonetheless, the lawyer for Wenieke Thijs mentioned an unbiased witness supported his shopper’s declare he was turning left on a flashing inexperienced arrow when he crashed into motorcyclist Kelly Ross.

Defence counsel Alain Hepner mentioned the testimony of Louis Kopfensteiner contradicted that of Ross’s widow, Susan White, who was following her common-law husband and watched in horror as he was struck and thrown to his dying by Thijs’ SUV.

Hepner famous Kopfensteiner mentioned he noticed Thijs’ crimson Honda Pilot stopped on the intersection of Peigan Path and thirty sixth Road S.E. earlier than he proceeded into the intersection.

That proof was constant together with his shopper’s personal declare that he stopped at a crimson mild earlier than it modified to a left flip arrow and he proceeded into the intersection to show northbound on thirty sixth Road, the lawyer mentioned.

Article content material

White testified she was mere automobile lengths behind her husband when he entered the intersection on a inexperienced mild and collided with Thijs’ SUV.

Proof concerning the mild sequence at that intersection confirmed {that a} left turning car stopped at a crimson mild within the eastbound lanes would set off the left flip sign.

However Crown prosecutor Melissa Kostiuk mentioned Thijs’ declare must be rejected by Justice Barbara Johnston.

“Mr. Thijs’ exculpable proof on this case shouldn’t be believed, nor ought to it increase an affordable doubt,” Kostiuk argued.

“Mr. Thijs’ proof, the Crown would submit, is unimaginable and unreliable.”

Kostiuk famous two samples of Thijs’ breath taken by police following the lethal collision each confirmed readings of 170 mg of alcohol per 100 ml of blood, greater than twice the authorized driving restrict.

Article content material

Thijs faces fees together with impaired driving inflicting dying and hit and run within the Sept. 23, 2019 crash.

Following the collision, the accused accomplished his left flip in his badly broken SUV, driving 500 metres earlier than the car was not operable.

However he testified he was in shock when his air baggage went off when one thing hit his car and he had no recollection of driving away.

Thijs, who has two prior impaired-related convictions, testified he drank three beers and a half mickey of vodka earlier than the collision.

A date for Johnston’s verdict will likely be set subsequent Friday.

KMartin@postmedia.com

On Twitter: @KMartinCourts