Defence says Oakville man should be acquitted in death of woman and her dog due to medical condition. Crown calls it 'a farce'
Was it a temporary blackout that caused a catastrophic incident" leading to the deaths of an Oakville woman and her dog - or was the driver impaired by cannabis?
The defence and Crown delivered their closing arguments at the trial of Kevin Hyde in a Milton court Tuesday, Aug. 30.
Hyde was charged with impaired operation of a vehicle causing death and dangerous driving causing death, when he struck and killed Louise Whiten, 51, who was walking her dog, Zack, along a path in the area of Lakeshore Road and Burgundy Drive.
Unconscious'
In calling for the complete acquittal of his client, defence attorney Dean Paquette argued Hyde momentarily lost his consciousness due to a heart condition called syncope seconds before the collision, just after 2 p.m. on Dec. 3, 2021.
An episode of syncope - which the defendant last suffered in 2013, as medical history reports and testimonies revealed - explained how his red Nissan car sped up without warning to about 90 km/h, leaving the roadway and hitting a utility box, then Whiten - before crashing into a concrete pillar at the end of a driveway, according to the defence.
In those seven seconds Hyde didn't try to apply the brake either intentionally or instinctively, as data from the car's airbag control module showed, which suggested this was an unconscious man behind the wheel," the defence said.
Paquette told the court there is no evidence of impairment" by alcohol or drugs, an assertion he said was backed by recollection from some witnesses at the scene.
While Hyde admitted to drinking a couple of beers around lunchtime that day, Paquette said he had a blood-alcohol level of zero from the two tests administered at 4:15 p.m. and 4:37 p.m. by a breath technician at the Oakville police station.
An analysis of Hyde's urine sample sent to Centre for Forensic Science by police confirmed the presence of THC, a metabolite of the active ingredient of cannabis, but the defence said it doesn't have potential to cause intoxication or impairment with respect to driving," and that this was consistent with Hyde's evidence that he smoked half a marijuana cigarette on the evening of Dec. 2.
Crown argument
Assistant Crown attorney Michael Godinho painted a picture of a man who had been an inconsistent and unreliable witness - either at the trial or to medical professionals, while calling the claim of syncope a farce."
In a syncopal attack, someone would be going limp and lose muscle rigidity, he said, citing the testimony of a medical expert.
But data from the vehicle showed that prior to impact there were multiple speed changes due to an increased pressure on the accelerator, as well as steering changes as attempts to avoid collision - he said, arguing that nothing in the road would have caused that input."
Even after hitting the curb and moving at a high speed, the car doesn't lose control," he added.
The only explanation is Mr. Hyde continued to hold onto the steering wheel while conscious," the prosecutor said.
Hyde also had access to cannabis, which police found in the trunk along with empty beer cans, Godinho said, and that he was showing some sign of impairment based on police observations, including having bloodshot and watery eyes.
Although Hyde had no issues with straightforward commands during a Drug Recognition Expert (DRE) evaluation, in which he was asked to perform some exercises, Godinho said he struggled trying to perform more complex skills, such as balancing and walking and turning.
The assessment concluded that Hyde was impaired by cannabis, the Crown prosecutor said.
And despite being warned by doctors about the danger of smoking (tobacco) while driving, which could induce coughing and triggering a syncope episode, Godinho said: He testified that he did it anyway."
In a rebuttal, the defence team said driving while smoking - no matter your health condition - is not a crime."
The judgment date is set for Nov. 1.
- with files from David Lea