The defense stated that evidence from Linda O’Leary’s trial showed that the lights of other ships had been extinguished when the ship was wrecked.
Her lawyer argued in court on Thursday that there was overwhelming evidence that when Linda O’Leary hit another ship, the other ship’s lights had gone out, which meant She should not be found guilty in a deadly ship collision.
In the closing submissions of the Provincial Court trial, Brian Greenspan stated that his client should have been acquitted in a car accident that caused two deaths in August 2019 in Toronto’s north Joseph Lake.
“When this terrible tragedy happened, she did all the right things at the right time,” Greenspan told the Parry Bay Court in Ontario. “In the documents we submitted, Crown’s case is a kind of conjecture and conjecture.”
Linda O’Leary, wife of celebrity businessman Kevin O’Leary, pleaded not guilty to a charge of carelessly operating a vessel under the Canadian Shipping Act.
The final argument focuses on the lights of the ship
Greenspan argued that it was impossible to know the driving speed of Linda O’Leary, whether she was drunk at the time or whether she operated the boat in a careless manner.
He said that his client should be exempted from responsibility because the authorities could not prove that any of these factors played a role in her behavior.
He also told the court that there was strong video and witness evidence that another ship—a Nautique—was extinguished during the crash.
Greenspan said in court: “On that dark and moonless night, there was no reasonable and reasonable basis of evidence to prove that Nautique was invisible to Mrs. O’Leary.”
However, officials argued that Kevin O’Leary’s defense testimony indicated that the couple did not pay as much attention to the possibility of ignited objects on the water as they should.
“They mistakenly believed that if they didn’t see any lights, there would be no obstacles. This clearly violates the collision regulations and also violates Linda’s obligation not to operate her ship in a careless manner,” Federal Prosecutor Samir Adam told the court.
Adam said Thursday that, given the darkness of the night, Linda O’Leary should be driving at a slower speed than her husband’s “glide” speed. Adam said that in this case, failing to do so constituted careless handling of the ship.
He also pointed out that Kevin O’Leary stated to the police and court testimony that he could see another ship “five feet away” to prove that the other ship was not invisible , As the defense insisted.
Kevin O’Leary said he saw “zero light” from other ships
The question of whether another ship turned on the lights has always been the focus of contention in this case.
Kevin O’Leary testified in his wife’s defense on Wednesday that he saw another ship that crashed in the middle of the night on Lake Joseph emitting “zero light” until the collision.
At the time of the accident, the former “Dragon’s Nest” star and another injured friend were a passenger on their pilot boat.
Witnesses on the other ship, including the owner who was charged in the crash for failing to show the navigation lights, testified that they remembered that some lights were on.
But Greenspan said the testimony of these witnesses should be treated with caution.
He argued that the judge should reject their evidence because it was inconsistent with the video showing the nearly 5-meter-long Nautique ship extinguished during the crash, or the witness testimony of O’Leary cabin. Said they saw the lights of another ship only come on after it crashed.
Greenspan also referred to the testimony of Linda O’Leary’s husband, stating that she was an experienced and careful rower and took appropriate safety precautions that night.
O’Leary said he did not remember whether his wife had drunk before the accident
Kevin O’Leary also testified that he did not remember whether his wife drank alcohol in the hours before the crash.
Earlier the court heard testimony from a police officer who stated that Linda O’Leary recorded the “warning range” level of blood alcohol during a breath test shortly after the crash. The police officer said Linda O’Leary told her that she had only had a drink after the accident.
Greenspan argued on Thursday that Royal has no evidence to prove the meaning of the alert test result or whether it affected the boating of his client.
He also pointed to video evidence showing that she left a dinner party in another cabin before the car accident late at night, when she seemed to be working normally.
Gary Poltash, 64, from Florida, and Suzana Brito, 48, from Uxbridge, Ontario, died of their injuries after the crash. Three others were also injured.