Kevin O'Leary's testimony will exonerate his wife, defence says

Parry Sound, Ont. -

Linda O'Leary's lawyer, Brian Greenspan, went on the offensive in a Parry Sound, Ont., courthouse Tuesday, calling into question why his client was standing trial.

The wife of businessman and reality TV star Kevin O'Leary faces a charge of careless boating after a collision on Lake Joseph in 2019 resulted in the deaths of Gary Poltash and Suzana Brito.

"We find it difficult to understand why we are here," Greenspan said.

The defence lawyer told the court that following two weeks of proceedings, they had yet to hear any basis as to why O'Leary was responsible for the deadly crash.

The defence revealed it would call the accused's husband to testify from Los Angeles, where he is currently working via Zoom. Greenspan said Kevin O'Leary's testimony would exonerate his wife.

"He will describe the circumstances of the collision, the cooperation of the O'Leary family in the investigation, and tell you what the O'Leary's told the police from the onset that Linda O'Leary did nothing wrong," Greenspan said.

Court has heard testimony from police and friends of the O'Leary's that the other boat involved in the collision, owned by Dr. Irv Edwards, didn't have its lights on until after the crash.

Edwards and his friend Dr. Richard Ruh, who was captaining the boat at the time of the crash, testified the lights were on.

Both men are being sued in civil court.

Last week, the court heard O'Leary's breath sample produced an alert reading, but she said that was because she had a drink after the crash to calm her down.

O'Leary was served an alcoholic drink during a dinner party before the collision on the lake, but witnesses testified they didn't see her consume it, adding O'Leary had said she was the designated driver that evening.

"Kevin O'Leary will tell you of the safe and prudent driving conduct which his wife demonstrated that night and always," Greenspan told the court.

Kevin O'Leary will be the defence's first and only witness called to testify, according to Greenspan.

Closing submissions are expected to begin on Thursday. The judge's decision could take several weeks.