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Linda O’Leary’s defence points to boat light evidence in closing arguments at trial

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TORONTO —
A lawyer for Linda O’Leary argues that evidence exhibiting one other vessel’s lights had been off at the time his shopper crashed into it’s too robust to discover her responsible in the deadly boat collision.

Closing arguments started this morning at the trial of O’Leary, who’s charged in an August 2019 boat crash north of Toronto that killed two individuals.

The spouse of movie star businessman Kevin O’Leary has pleaded not responsible to one cost of careless operation of a vessel below the Canada Shipping Act.

Her lawyer Brian Greenspan advised courtroom at this time that video and witness evidence that the opposite boat’s lights had been off at the time of the crash outweighs “speculation” about doable wrongdoing by O’Leary.

He argued that it is not doable to know the pace Linda O’Leary was driving, whether or not she was impaired by alcohol at the time or whether or not she was working the boat in a careless method.

Greenspan argued she must be cleared of accountability as a result of the Crown could not show any of these components performed a task in her actions.

“There can be no rational, reasonable evidential foundation for a suggestion that the Nautique was anything other than invisible to Mrs. O’Leary on that dark, moonless night,” Greenspan advised courtroom.

Kevin O’Leary testified in his spouse’s defence Wednesday, saying he noticed “zero light” coming from the opposite vessel concerned in the late-night crash on Lake Joseph till after the collision.

The former “Dragons’ Den” star was a passenger on the household’s pilot boat at the time of crash, together with one other pal who was injured.

Gary Poltash, 64, of Florida, and Suzana Brito, 48, from Uxbridge, Ont., died from their accidents after the crash and three others had been additionally harm.

The query of whether or not the opposite boat had its lights on has been a degree of competition in the case.

Witnesses on the opposite boat, together with the proprietor who was charged in the crash with failing to exhibit a navigation light, testified that they remembered some lights being on.

But Greenspan mentioned these witnesses’ testimony must be handled with warning.

He argued the choose ought to reject their evidence as a result of it would not line up with video that confirmed lights on the 16-foot Nautique vessel had been off when the crash occurred, and with testimony from witnesses at the O’Leary cottage who mentioned they noticed the opposite boat’s lights activate solely after the crash.

Kevin O’Leary additionally testified that he didn’t recall if his spouse had consumed alcohol in the hours earlier than the crash.

Court earlier heard testimony from a police officer who mentioned Linda O’Leary registered an “alert range” degree of blood alcohol on a breath take a look at taken shortly after the crash. The officer mentioned Linda O’Leary advised her she had solely had one drink after the crash.

Greenspan argued Thursday that the Crown doesn’t have evidence to show the that means of that alert take a look at outcome or whether or not it impacted his shopper’s boating.

He additionally pointed to video evidence of her leaving a cocktail party at one other cottage simply earlier than the late night time crash in which she appeared to be functioning usually.

This report by The Canadian Press was first revealed July 21, 2021.

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