In closing arguments in the provincial court trial, Brian Greenspan said his client should be exonerated from the August 2019 accident on Lake Joseph, north of Toronto, which left two dead. “She was doing all the right things at the right time when this terrible tragedy happened,” said Greenspan in court in Parry Sound, Ont. “Crown evidence, in our opinion, is a matter of guesswork and speculation. “
Linda O’Leary, the wife of famous businessman Kevin O’Leary, has pleaded not guilty to a charge of recklessly operating a vessel under the Canada Shipping Act.
Greenspan told the court that there is strong video and witness evidence that the lights on the other ship – a Nautique – were off at the time of the crash.
Kevin O’Leary says he saw ‘zero light’ from another ship
Greenspan argued that she should be released from liability because the Crown could not prove that none of these factors played a role in her actions.
“There can be no rational and reasonable evidentiary basis for a suggestion that the Nautical was anything but invisible to Ms O’Leary on this dark, moonless night,” Greenspan told the court.
He argued that it was not possible to know how fast Linda O’Leary was driving, whether she was impaired by alcohol at the time, or whether she was driving the boat recklessly.
Greenspan argued that his client should be released from liability because the Crown could not prove that any of these factors played a role in his actions.
Whether the other boat had its lights on was a point of contention in the case.
Kevin O’Leary testified in his wife’s defense on Wednesday, saying he saw “no light” from the other vessel involved in the overnight crash on Lake Joseph until after the collision.
The former “Dragon’s Den” star was a passenger on the family’s pilot boat at the time of the crash, along with another friend who was injured.
The video appears to show the Nautique’s lights off at the time of the accident
Witnesses on the other boat, including the owner who was accused in the crash of failing to show a navigation light, said they remembered some lights being on.
But Greenspan said the testimony of those witnesses should be treated with caution.
He argued that the judge should reject their evidence because it does not match the video showing that the lights of the nearly five-meter-long nautical vessel were turned off at the time of the crash, or with witness testimony. at the O’Leary cabin who said they saw the lights on the other boat only come on after the accident.
Greenspan also pointed to the testimony of Linda O’Leary’s husband that she was an experienced and cautious boater and followed proper safety precautions that night.
Kevin O’Leary also testified that he did not recall whether his wife had been drinking alcohol in the hours before the accident.
The court heard earlier the testimony of a police officer who said Linda O’Leary had a “warning range” blood alcohol level during a breathalyzer test shortly after the accident. The officer said Linda O’Leary told her she only drank a glass after the crash.
Greenspan argued Thursday that the Crown did not have any evidence to prove the significance of that alert test result or whether it had impacted his client’s browsing.
He also reported video evidence of her leaving a dinner party at another chalet just before the late-night crash in which she appeared to be functioning normally.
Gary Poltash, 64, of Florida, and Suzana Brito, 48, of Uxbridge, Ont., Died of their injuries after the crash and three others were also injured.