'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
Asking rent prices up 9.3% across Canada, Ontario sees only decline: report
A new report says the average asking rent for a home in Canada in April was up 9.3 per cent compared with a year ago, while a slight month-over-month increase was also recorded for the first time since January.
What is basic income, and how would it impact me?
Parliamentarians are considering a pair of bills aiming to lift people out of poverty through a basic income program, but some fear these types of systems could result in more taxes for Canadians who are already financially struggling.
'I may have some nightmares:' Man survives being bitten by 2 sharks in Bahamas
A man who was bitten by two sharks in the Bahamas said Thursday he's 'thankful that I'm here' while sharing his story of survival.
Magnitude 4.2 earthquake reported off Vancouver Island's west coast
A 4.2-magnitude earthquake was recorded west of Vancouver Island early Friday morning.
Mexico's president accuses press and volunteer searchers for missing people of 'necrophilia'
The administration of Mexico's president has accused the press and volunteer searchers who look for the bodies of missing people of 'necrophilia,' comments that drew criticism this week.
WATCH Expecting an interest rate cut in June? Don't bet on it after new jobs data
Canada's labour market rebounded in April, adding more than 90,000 jobs, a staggering number of new positions after four consecutive months of little change.
Out-of-control wildfire burning near Fort McMurray
As of 9 a.m. on Friday, the wildfire burning 28 kilometres southwest of the northeastern Alberta city was 25 hectares in size.
Prince William says wife Kate is 'doing well'
Prince William said on Friday his wife Kate was 'doing well' in a rare public comment about the Princess of Wales as she undergoes preventative chemotherapy for cancer.
'Irate male' assaulted Newfoundland officers with block of cheese, police say
Police in Newfoundland say patrol officers were assaulted Thursday by a "very irate male" wielding a block of cheese.