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CRIME FINAL ARGUMENTS HEARD IN FATAL CRASH TRIAL JUDGMENT DATE SET FOR NOV. 1 BAMBANG SADEWO bsadewo@metroland.com Was it a temporary blackout that caused a "cat- astrophic incident" leading tothe deaths of an Oakville woman and her dog — or was the driver impaired by cannabis? The defence and Crown delivered their closing ar- guments at the trial of Kev- in Hyde in a Milton court Tuesday, Aug. 30. Hyde was charged with impaired operation of a vehicle causing death and dangerous driving caus- ing 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 AIRE ONE HEATING & COOLING ae aD TOA HIGH EI EFFICIENCY SYSTEM turn to the experts 55 VY =V/ _ \ Drive. "UNCONSCIOUS' In calling for the com- plete acquittal of his client, defence attorney Dean Pa- quette argued Hyde mo- mentarily lost his con- sciousness due to a heart condition called syncope seconds before the colli- sion, just after 2 p.m. on Dec. 3, 20: 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 with- ing to about 90 ha veaving the road- way and hitting a utility box, then Whiten — before crashing into a concrete pillar at the end of a drive- way, according to the de- fence. In those seven seconds Hyde didn't try to apply the brake either inten- tionally or instinctively, as data from the car's air- bag control module showed, which suggested this was an unconscious behind the wheel," the ¢ defence said. Paquette told the court "there is no evidence of im- pairment" 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 blood-alcohol level of zero from the two tests adminis- tered at 4:15 pm. and 4:37 p.m. by a breath technician at the Oakville police sta- tion. An analysis of Hyde's urine sample sent to Cen- tre for Forensic Science by va \ 1 . Year Factory Warranty r details, 0.a.c TIL SUMMER 2023* UPGRADE TO A HIGH EFFICIENCY CENTRAL AIR I for Details 10 Year Factory Warranty police confirmed the pres- ence of THC, a metabolite of the active ingredient of cannabis, but the defence said " "jt doesn't have poten- to cause intoxication or impairment with respect to ‘iving," and that this was consistent with Hyde's evi- dence that he smoked halfa marijuana cigarette on the evening of Dec. 2. CROWN ARGUMENT Assistant Crown attor- ney Michael Godinho painted a picture of a man who had been an inconsis- tent and unreliable witness - “either at the trial or to ical professionals, while calling the claim of syncope "a farce Ina syncopal attack, someone would be going limp and lose muscle rigid- ity, he said, citing the testi- mony of a medical expert. But data from the vehi- cle showed that prior to im- pact there were multiple speed changes due to an in- creased pressure on the ac. celerator, well steering changes. as at. tempts to avoid collision — he said, arguing that "noth- ing in the road would have ed, “the car doesn't lose control, “he added. “The only explanation is Mr. Hyde coneennea tohold onto the wheel while conscious s the pros- ecul aed also had access to cannabis, which police found in the trunk along with empty beer cans, Go- dinho said, and that he was showing some sign of im- pairment based on police observations, clu paving bloodshot and wa- tery Although Hyde had no issues with straightfor- = ward commands during rug Recognition Expert (DRE) evaluation, in which he was asked to per- form some exercises, Go- dinho said he struggled 2 trying to perform more » complex skills, such as % bal i and walking 3 2 +f Aepsunyy, | seneeg emayeo | ¢ The assessment con- cluded that Hyde was im- paired by cannabis, the Crown prosecutor said. And despite being arned by doctors about ihe danger of smoking (t [o- bacco) while which could induce cough. Ze0z'g 48 pe 4 "He testified that he did it In iH rebuttal, the de- The judgment date is set for Nov. 1. — With files from David Lea ! Watson Investments “Our clients enjoy talking about their retirement dreams and we enjoy helping them get there.” — Peter & Jennifer Accepting new clients. Please visit com to book a free consultation. Offering safe virtual meetings and new client onboarding. ‘ CENTRAL AIR : DIAGNOSTIC SPI 9 LOCATIONS TO SERVE YOU wale HEATING & COOLING www.aireonewest.ca ‘VILLE 908 849-4998 1-888-827-2665 info@watsoninvestments.com ®& (905) 842-2100 Jennifer Watson MBA, CFP®, CIM® Peter Watson MBA, CFP*, R.F.P., CIM®, FCS! Founded in 1997 i 3 3