Man found not guilty in crash causing 2 deaths

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This article was published 13/01/2024 (971 days ago), so information in it may no longer be current.

A man involved in a fatal collision near Waywayseecappo more than four years ago was found not guilty of causing the death of two people and the injury of another, a King’s Bench courtroom heard.

Justice Elliott Leven decided to reserve his decision after the trial of Paul Elwood Houle wrapped up in late August 2023. Houle pleaded not guilty to two counts of dangerous operation causing death, one count of dangerous operation causing bodily harm as well as driving while prohibited.

In delivering his decision on Friday afternoon, Leven found Houle guilty of the charge of driving while prohibited but acquitted him of both the dangerous operation causing death and dangerous operation causing bodily harm charges.

The trial, held in court of King’s Bench last August, was the result of a collision that occurred on Dec. 4, 2019, a few kilometres east of Waywayseecappo. Kimberly Sutherland, 45, and her nephew, 31-year-old Kyle Brandon, were killed. Anthony Sutherland, 50, who testified at the trial, was injured in the crash.

The truck lost control on Road 144 West (also known as Birdtail Road) and slid into a ditch before colliding into two trees. The truck then rolled over before finally landing on its roof.

Leven wrote in his decision that after the trial, he was left with doubt as to who was driving the vehicle at the time of the collision. He cited the testimonies of a firefighter at the scene and a civilian witness, who testified that they did not see anyone in the driver’s seat. He also cited the DNA evidence that was presented at the trial that showed DNA of three different people on the driver’s seat airbag.

The judge also criticized the report of the RCMP’s forensic collision reconstructionist, writing that the report was “sloppy police work” because the officer relied on second-hand accounts of how many people were ejected from the vehicle at the time of the crash.

At first, the officer was told that two people had been ejected from the vehicle, but later learned that only one person was ejected and had been lying in the ditch. The judge raised concerns about the officer not verifying the new information with firsthand accounts.

The judge wrote there was evidence from a credible witness that Houle had been driving earlier that day and so found him guilty of driving while prohibited.

During closing arguments at the trial, both the Crown and defence agreed that the case hinged on the identity of the driver.

Houle’s defence lawyers asked that a pre-sentence report be prepared prior to Houle’s sentencing on the charge of driving while prohibited.

His matter will next appear in the court of King’s Bench on Feb. 20.

» gmortfield@brandonsun.com

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