'She did nothing wrong:' Closing submissions wrap up in Linda O'Leary's careless boating trial
Closing submissions began Thursday in a Parry Sound, Ont., courtroom with Linda O'Leary's lawyer arguing the Crown failed to prove his client was responsible for a deadly boating collision in 2019.
"She did nothing wrong," said defence lawyer Brian Greenspan.
O'Leary, the wife of celebrity businessman Kevin O'Leary, has pleaded not guilty to the careless operation of a vessel under the Canada Shipping Act after a two-vessel collision on Lake Joseph that killed Gary Poltash, 64, and Suzana Brito, 48.
"It goes without saying, the loss of two lives is the indelible tragedy of Aug. 24, 2019," Greenspan said. "Nevertheless, in our respectful submission, is this misguided prosecution in the charges brought against Linda O'Leary."
The defence argued the Crown's allegations that O'Leary carelessly captained the boat was "a prosecutorial innuendo of suspicion."
Greenspan told the court there wasn't evidence to support accusations that O'Leary was speeding or impaired.
"The Crown cannot and has not proven beyond a reasonable doubt that Mrs. O'Leary was driving at a careless speed or that alcohol impaired her operation or indeed affected her operation of the Cobalt or that she failed to exercise due care and attention.
The inability to prove those issues necessitates an acquittal," he argued.
Over the past two weeks, much of the proceedings have focused on whether the other vessel had its lights on before the crash.
On Wednesday, Kevin O'Leary testified that the other boat, owned by Dr. Irv Edwards and operated by Dr. Richard Ruh, "was invisible" and "completely pitch black" before the collision.
The former 'Dragon's Den' star told the court that he was keeping a watchful eye by his wife's side, adding she was a responsible boater. "She would turn off any noise or music and just boat. Keeping very alert to what was around us."
Today, Greenspan said Edward's boat was dark so its occupants to stargaze. "In order to see the stars, the lights of the vessel had been turned off."
Earlier in the trial, Edwards and Ruh testified the lights were on at the time of the crash. Both men are being sued in civil court.
"There can be no rational, reasonable evidentiary foundation for a suggestion that the Nautique was anything other than invisible to Mrs. O'Leary on that dark, moonless night," Greenspan declared. "Linda O'Leary could not have avoided this collision."
However, the Crown argued O'Leary was going much too fast to see anything in her path.
"The accused operated her vessel too fast for the condition of darkness, without a proper lookout and without an appreciation for the risks of boating at night. Her operation was careless," Crown attorney Samir Adam told the court.
If convicted, O'Leary could face a maximum fine of $10,000, potentially opening O'Leary to further civil litigation.
Judgement is scheduled for Sept. 14.
With files from CTV's Mike Arsalides
CTVNews.ca Top Stories
Quebec nurse had to clean up after husband's death in Montreal hospital
On a night she should have been mourning, a nurse from Quebec's Laurentians region says she was forced to clean up her husband after he died at a hospital in Montreal.
Northern Ont. lawyer who abandoned clients in child protection cases disbarred
A North Bay, Ont., lawyer who abandoned 15 clients – many of them child protection cases – has lost his licence to practise law.
Bank of Canada officials split on when to start cutting interest rates
Members of the Bank of Canada's governing council were split on how long the central bank should wait before it starts cutting interest rates when they met earlier this month.
Maple Leafs fall to Bruins in Game 3, trail series 2-1
Brad Marchand scored twice, including the winner in the third period, and added an assist as the Boston Bruins downed the Toronto Maple Leafs 4-2 to take a 2-1 lead in their first-round playoff series Wednesday
Cuban government apologizes to Montreal-area family after delivering wrong body
Cuba's foreign affairs minister has apologized to a Montreal-area family after they were sent the wrong body following the death of a loved one.
'It was instant karma': Viral video captures failed theft attempt in Nanaimo, B.C.
Mounties in Nanaimo, B.C., say two late-night revellers are lucky their allegedly drunken antics weren't reported to police after security cameras captured the men trying to steal a heavy sign from a downtown business.
What is changing about Canada's capital gains tax and how does it impact me?
The federal government's proposed change to capital gains taxation is expected to increase taxes on investments and mainly affect wealthy Canadians and businesses. Here's what you need to know about the move.
New Indigenous loan guarantee program a 'really big deal,' Freeland says at Toronto conference
Canada's Deputy Prime Minister Chrystia Freeland was among the 1,700 delegates attending the two-day First Nations Major Projects Coalition (FNMPC) conference that concluded Tuesday in Toronto.
'Life was not fair to him': Daughter of N.B. man exonerated of murder remembers him as a kind soul
The daughter of a New Brunswick man recently exonerated from murder, is remembering her father as somebody who, despite a wrongful conviction, never became bitter or angry.