The Crown is trying to prove an Orillia area man was the driver in a fatal crash, despite witnesses saying he was found in the passenger seat.
With his mother by his side, Andrew Fallows left the Barrie courthouse on Tuesday after more than five hours of testimony. He's accused of driving drunk and causing a deadly crash on Highway 11 back in 2014.
Shania Slater, 18, died as a result of that crash.
“Try crying a bucket a day... a deadly disease that's eating inside you. That's nothing compared to how it feels losing your daughter to a drunk driver,” says Rose Looyenga, Slater’s mother.
The first to take the stand was eyewitness Kyle Baird, who told the court shortly after 3 a.m., he saw a pickup truck crash into the centre median near Line 1 and come to a stop facing southbound on top of the highway barrier.
Also taking the stand was one of the first police officers on the scene. OPP Const. Kevin Colquhoun testified nobody was behind the wheel. Instead, he found Fallows in the passenger seat.
Slater was found lying face down unconscious in front of him.
He testified, when the door was opened, "she fell to the ground, I grabbed her and the paramedics stepped in."
The Crown is trying to prove Fallows was driving Slater, who was his friend's girlfriend, home from a party. The Crown says he was driving drunk and wasn’t allowed to be behind the wheel.
“There can be no room for doubt that it was Mr. Fallows who was driving at the time of the collision,” said Crown attorney Lynn Saunders.
Saunders added that Fallows told a friend, “She was driving and she told me to turn, so I did.”
Fallows' lawyer admits his client wasn't licenced to drive at the time of the crash.
Colquhoun added, “It looked like he was making attempts to get out of the vehicle when officers arrived.”
Next on the stand was paramedic Devon Mahon who testified, "I remember smelling what could've been alcohol on his breath. He wasn't very cooperative. If we'd ask him to stand still, he wouldn't."
Colquhoun remembers smelling what appeared to be alcohol from the young woman...whose head faced the passenger door...
Fallows has been living at home, not allowed to drive since the crash.
“It kinda hurts extra because he's at home with his family,” says Melissa Slater, Shania’s sister.
