Defence seeks mistrial for man accused in deadly dump truck case
The defence is arguing for a mistrial in the case of Milton Urgiles, charged with criminal negligence causing death in a dump truck crash near Alliston more than three years ago.
On Wednesday, six months into the trial, the defence brought forward an application requesting a mistrial, stating the Crown did not disclose certain photo evidence in a timely manner.
The defence said the photographs showed gauges and switches inside the cabin of the dump truck that crashed along Adjala-Tosorontio- New Tecumseth Townline the morning of Sept. 22, 2020, killing its driver, Denis Garant.
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Urgiles' lawyer said that not receiving the photos earlier put his client in a prejudicial position, adding they should have been provided with the images before Urgiles testified in court.
Justice Mary Vallee denied the application and offered the defence the opportunity to recall witnesses to discuss the pictures further.
Urgiles has maintained throughout the trial the truck crashed due to driver error involving a crossbar that could have caused damage to the truck's alignment, which may have led to the truck blowing its front left tire in the seconds before the deadly crash.
A dump truck crashed into a tree on Adjala-Tecumseth Townline near Alliston, Ont., on Sept. 22, 2020.
The court heard the dump truck was supplied by Urgiles and the company he worked for, which is owned by his spouse, who, despite a court order, has failed to testify.
The court heard that Urgiles received a text message from Garant the night before the fatal crash expressing his concerns with the truck's steering.
Urgiles testified he checked the steering for defects that night and found nothing wrong. He said he spoke with Garant the next morning to tell him everything looked fine.
Hours later, Garant died when the truck's front left tire exploded, causing him to lose control and crash into a ditch. The court heard the tire's inner wall had no tread left.
The Crown argued that Urgiles should have done more to ensure the dump truck was safe before sending it on the road.
The trial is scheduled to resume on Thursday.
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