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Judge throws out breath sample in fatal crash

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A judge threw out breath samples that showed Dr. Christy Natsis had more than double the legal limit of alcohol in her blood after a fatal crash, ruling Monday that an OPP officer violated her right to counsel.

 

Megan Gillis

QMI Agency

OTTAWA – A judge threw out breath samples that showed Dr. Christy Natsis had more than double the legal limit of alcohol in her blood after a fatal crash, ruling Monday that an OPP officer violated her right to counsel.

Judge Neil Kozloff found that Const. Ryan Besner made "deliberate, systematic and unwarranted" interruptions -- six in all -- before cutting off the Pembroke dentist's call to a lawyer.

That was the "death blow" to any reasonable opportunity to consult a lawyer, Kozloff said.

Natsis, 48, has pleaded not guilty to impaired driving causing death, dangerous driving and having over 80 mg of alcohol in her bloodstream in the head-on crash on Hwy. 17 that killed Bryan Casey almost two years ago.

Kozloff acknowledged that the breath samples are reliable evidence and excluding them would mean "gutting" the Crown's case on the over 80 charge.

But he argued it was an "egregious" violation of a key provision of the Charter and Rights and Freedoms and the admission of the evidence would bring the administration of justice into disrepute.

megan.gillis@sunmedia.ca

 

 

Download the complete decision by Justice Neil L. Kozloff that excludes the blood alcohol tests in the Chri... by Roberta Pennington

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