Impaired causing death trial

The trial of a man accused of killing two teens in an impaired driving crash, is now underway. It’s been 16 months, since 21-year old Adam Bain was involved in an horrific accident in which two of his friends died — and he was very nearly killed.

Bain was riding his four wheel ATV along the shoulder of Fourth Line Road in Ohsweken, on December 3rd, 2012. His best friend, Will Harris, was riding beside him on a dirt bike — and 18-year old Gwen Martin, was riding behind him on the ATV. Around nine oclock that night — a large SUV ran down the group from behind — killing Martin, and Harris. And sending Bain to hospital with a shattered ankle, compressed spine, and several other serious injuries.

Monday, Bain took the stand to testify against 41-year old Travis Squire Hill — the man the Crown says was behind the wheel of the stolen vehicle that killed Harris and Martin. Bain told the court he was very nervous — and at one point broke down in tears as he saw still photographs of the mangled bike he was driving that night. He says he can remember very little of the night of the accident — but told the court: “Last thing I remember was being lifted onto the gurney and them putting the bag over Gwen.”

“I just remember a woman holding my hand, and screaming for Will.”

When asked whether he was still suffering from the crash — Bain told the court: “I relive it almost every night.”

Squire Hill is charged with two counts of impaired driving causing death — as well as a number of other charges, including driving while under suspension.

In cross-examination, defence lawyer Graeme Hamilton tried to cast doubt on whether Bain knew where, exactly he was on the road — the shoulder or the pavement. He also questioned whether lights on the ATV were connected properly, and whether they were bright enough. And finally, on the clothing the victims were wearing at the time of the accident and how visible they may have been.

But Bain stuck solidly to his testimony that he was not on the paved portion of the road — that his lights were working and clearly visible, and as for the clothing, he answered.
“I still have it in my room. I could bring it in tomorrow, and show it to you, if you’d like. ” An offer — that got no reply, from the defence.