Trevor O'Leary testifies in mother's careless boating trial

Barrie, ONT. -

Trevor O'Leary took the stand on Monday after the Crown called him to testify in his mother's careless boating trial.

Her son said he remembered hearing a loud bang and seeing his parent's boat still in the water. He said he figured his parent's boat had hit a rock.

O'Leary went on to say he called his parents immediately following the crash, getting ahold of his father, who asked him if he was on the other boat.

O'Leary said he remembered hearing his mother call out, asking if everyone was ok.

He then told the court that he witnessed another boat turn on its lights.

Linda O'Leary injured her foot in the crash and told police the other boat did not have its lights on at the time of the deadly collision that claimed the lives of Uxbridge mom Suzana Brito and American Gary Poltash.

The second boat owner, Dr. Irv Edwards, told the court last month that he and about a dozen passengers were on board stargazing in the still lake around 11:30 p.m. on August 24, 2019, when they heard a boat come crashing into them.

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

Ruh was later charged and convicted by police for failing to display his navigation lights. Both Ruh and Edwards are now being sued in civil court.

Surveillance video from the O'Leary cottage was shown in court, capturing the moment the two boats collided.

The defence said the boat, which appears to have its lights on, belonged to the O'Leary's and argued that the other boat did not.

The video appeared to show it wasn't until after the crash that the second boat had its lights turned on as it rushed to shore seeking help for those injured onboard.

Constable Michelle Ingham, the OPP officer who responded to the 911 call from Trevor O'Leary, testified that she arrived at the O'Leary cottage about an hour after the crash.

She said Linda O'Leary, who laid injured in bed, told her that she didn't have any alcohol after Ingham told her that she detected a strong odour of alcohol.

The officer said she asked O'Leary again if she had anything to drink, and O'Leary said that someone gave her vodka and water after the crash.

O'Leary provided a breath sample, which produced an alert reading.

Her lawyer said O'Leary was first assessed on scene by EMS, who made no mention of any signs of impairment or alcohol on her breath.

The trial resumes on Tuesday. There is no indication if and when Kevin O'Leary will be called to testify.