Kevin O’Leary’s last-minute “confession” argued in favor of the Crown during his wife’s trial, prosecutor says – .

Kevin O’Leary’s last-minute “confession” argued in favor of the Crown during his wife’s trial, prosecutor says – .

While most court cases involving regulatory legislation go unnoticed, the recently concluded reckless boating trial in Parry Sound, Ont., Was always intended to attract attention.

Wealthy reality TV star who once had prime ministerial ambitions and his wife were involved in a fatal overnight crash on a lake in Ontario dotted with multi-million dollar cabins and boathouses larger than many homes .

On Thursday, both sides set out their positions on why Linda O’Leary, wife of Toronto businessman Kevin O’Leary, is or is not guilty of driving the family ski boat with negligence. This is a non-criminal charge under the Canada Shipping Act and could be fined up to $ 10,000.

The backdrop to the case is the kind of setting that draws curious onlookers to roam Muskoka’s waterways just to “see what the other side of the world is like,” Federal Prosecutor Samir Adam observed earlier this week. .

On Thursday, he told Judge Richard Humphrey that the Crown had established his case in part thanks to the “confession” of Kevin O’Leary, who testified remotely a day earlier from Los Angeles where he is filming the 13th season of the TV Show »Shark Aquarium. “

While defense attorney Brian Greenspan said he called the 67-year-old former Conservative leader to exonerate his wife, Adam said his testimony did the opposite by revealing that the couple did not was not looking for unlit objects on the water. the night of August 24, 2019.

The O’Leary ship struck a drifting boat, a Super Air Nautique, filled with stargazing passengers. Two seated in the front are dead.

This happened because the O’Learys mistakenly assumed “that if they saw no light, there was nothing in their way,” which clearly contravenes the collision regulations of the Law of the United Nations. merchant navy, he said.

“If you are sailing in conditions of total darkness, you cannot make any assumptions about what may or may not be in front of you,” said Adam. And even though the Nautique’s lights were out at the time of the collision, the accused’s driving was still reckless, he argued.

“The collision and the deaths… are the unfortunate and tragic consequences of Ms. O’Leary’s recklessness. “

The prosecution also alleges that the O’Leary boat was traveling at excessive speed that night, supported by testimony from Kevin O’Leary that they were driving at “planing” speed, meaning that the hull of their boat had risen out of the water, said Adam.

There was also evidence in CCTV footage at the dock that showed the light from the O’Leary boat crossing the water before the crash. Police estimated the O’Leary’s Cobalt was going from 24 to 30 miles per hour, according to testimonies from passengers aboard the Nautique, the prosecutor said.

In addition, the impact of the crash was “not a small bump in the night,” Adam said.

Gary Poltash, 64, of Florida, died at the scene, while Suzanna Brito, 48, of Uxbridge, died a few days later.

Adam also summed up the “lies” Linda O’Leary told police that “it impacts her credibility,” including denying that she consumed alcohol that day – although she had a glass of wine at lunch and a weak vodka before dinner. She recorded an alert on a police blood alcohol detection device, but told the officer that she had only had one drink after the accident, triggering a temporary suspension of her driver’s license.

She also refused to give “contact details” of the dinner hosts they were at, hampering an officer’s efforts to shed light on what had happened, he continued.

He told Judge Linda O’Leary that Linda O’Leary’s boating skills – whom her husband testified to were excellent – are irrelevant to the judge, and cases involving regulatory legislation often award more than weight to the public good than to individual interests.

“It’s a matter of public safety. It’s not about Linda O’Leary, ”Adam said at a closing who used a PowerPoint demonstration.

The judge only had one question at the end of Adam’s remarks. He wanted to know if Richard Ruh, the operator of the Nautique, was also accused of reckless driving of a boat. Ruh pleaded guilty to failing to display a navigation light.

Adam told the judge he was not involved in the prosecution decisions.

During his observations, Greenspan reiterated the defense position that alcohol played no role in what happened and accused the prosecution of “focusing on what they strangely call the Mr. O’Leary’s “confession”. “

When Adam, during his cross-examination, asked Kevin O’Leary about his role as a watcher on a boat and if he was watching out for unlit objects, “he (Kevin) said you had to consider everything.” , said Greenspan. .

Greenspan said her client had been the target of an “ill-advised prosecution”, according to which the Crown failed to produce a “scintillation of evidence” that she had used her vessel recklessly, and she should be acquitted.

“The Crown cannot and has not proven beyond a reasonable doubt that Mrs. O’Leary was driving recklessly, that alcohol interfered with her operation or actually affected her operation of Cobalt, or that” she did not show diligence and care. “

Judge Richard Humphrey has said he will return with his ruling on September 14. A former Sudbury-based regional senior judge with the Ontario Court of Justice, Humphrey now sits part-time, but told counsel this week he was at the courthouse until 9 p.m. each. night.


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