Skyway bridge crash trial day 7

[projekktor id=’23394′]

Court heard Thursday why police waited more than four hours to give a breathalyzer to the man who crashed a dump truck into the skyway bridge in July of 2014, this as lawyers continue argue over the legality of that test taken 4 hours after the crash.

The roadside test was done by Const. Andrew Halliday in the parking lot of the OPP Burlington detachment 4 hours after the crash.

The trial has already heard that police cannot demand a breath sample more than three hours after someone stops driving.

The crash happened at 3:35 pm that day, but in an OPP video, Const. Halliday tells OPP breath technician Hermano Clerigo that the offence was much later

The defense is arguing that this error was on purpose.

On Thursday morning, Clerigo was cross examined by defence attorney David Locke.

Clerigo administered a second breath test to Locke’s client, Sukvhinder Singh Rai, 5 hours after Rai crashed a dump truck into the skyway bridge. Rai blew a .226, almost three times the legal limit.

While it was agreed in court that the demand for a breath sample was unlawful, a witness from the afternoon raised the issue that there was a much larger concern for officers in the immediate aftermath of the crash.

Inspector Doug Fenske was in charge of the entire crash scene, he told court that his main concern was public safety because an MTO engineer said that the bridge could collapse.

Officers had testified that Rai was placed in a cruiser for safety. There was also a concern for the 35 workers on and below the bridge, and all witnesses who were being questioned by police. Fenske said that it wasn’t until after 7pm that the bridge collapse was no longer a concern.

Court will resume on Monday. It will be up to Justice Campling to decide whether or not the drinking and driving portion of this case will remain.