Judge rejects bid to have careless driving trial tossed
By Delon Shurtz - Lethbridge Herald on August 6, 2022.
LETHBRIDGE HERALDdshurtz@lethbridgeherald.com
The lawyer for a Lethbridge man charged with careless driving involving the death of a young boy had hoped to convince a judge that his client’s right to a speedy trial had been violated and the case should be thrown out.
When the judge did the math, however, he determined the trial, which is set to begin Aug. 29, falls within the parameters set by the Supreme Court of Canada, and dismissed the defence application.
Lethbridge lawyer Greg White presented his Jordan application Thursday in Lethbridge provincial court, where he conceded the defence, and not just the Crown, must accept responsibility for some of the delay in getting to trial earlier.
A ruling by the Supreme Court of Canada in 2016, known as the Jordan decision, sets the acceptable period of delay at 18 months between the time a charge is laid and the conclusion of trial. That delay is 30 months for superior court trials, and the Crown is responsible to ensure a trial is held before the deadlines.
The accused, Neil Martin Skjodt, was charged with careless driving in April 2020, which means more than 27 months will have passed by the time the trial concludes Sept. 2. However, following the hearing Thursday, the judge concluded the defence is responsible for several months of delay, including the delay caused when the original trial set for last March had to be cancelled so White could attend to a family emergency. The case was also repeatedly adjourned while the defence waited for its expert to provide a traffic reconstruction report, which was requested in response to a report prepared by the Crown’s expert.
The judge determined had defence not caused several months of delay, only about 16 months would have passed between the time charges were laid and the trial concluded.
Skjodt was charged after a 10-year-old boy was struck and killed by a motor vehicle April 13, 2020. A large SUV turning right onto Whoop-Up Drive near Aquitania Boulevard struck two young boys crossing in the crosswalk with their father. The older boy died in the hospital.
Skjodt pleaded not guilty several months later to a single charge of careless driving under the Traffic Safety Act. He was charged under the Traffic Safety Act rather than the Criminal Code after investigating officers determined there was no criminality involved in the incident. The charge allows for a maximum fine of $2,000 or six months in jail, or both, and possibly licence suspension.
During Thursday’s hearing, White also argued the court should not allow the medical examiner to testify at trial because his evidence would not be relevant to the charge of careless driving. White said that because death is not an element of the offence of careless driving, any evidence about the death of the boy would be irrelevant to the trial.
Following the hearing Judge Timothy Hironaka reserved his decision and adjourned the matter to Aug. 23 to receive written arguments from the Crown and defence.
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Scum! He is responsible for killing a 10 year old. He is a family physician making 6 figures, just pay the max fine of $2000 (no Judge will jail a doctor during our doctor shortage) and stop wasting the Judge’s time.
He is worried about having a blot on his record. And his insurance premiums will go through the roof for who knows how long. The offence will appear on his driver record but not on his criminal record and it will be removed in time. I would own what I did with a guilty plea, show remorse and take the fine and insurance hit because as you say he isn’t likely to get time, especially if it’s his first offence.