Negotiations continue in the case of the driver accused of a hit-and-run after colliding to death with a 7-year-old Ukrainian refugee, before a judge who recently had to deal with a similar case.
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“We are trying to see if the case could be resolved by avoiding a trial,” explained M.e Sylvie Dulude of the Crown, this Tuesday at the Montreal courthouse.
Just before, the case of Juan Manuel Becerra Garcia returned to court, to take stock of its progress, a little more than a year after the death of little Mariia Legenkivska, struck to death by a Jeep Grand Cherokee vehicle, in the Sainte-Marie district.
The affair shook Quebec, especially since the child and his mother had just fled the war in Ukraine to settle in Montreal. However, on her way to school, she was struck to death by the vehicle which was driven by Becerra Garcia according to the police.
Talks
However, if it was an accident, Becerra Garcia should have stayed there, according to the Crown who is convinced that the accused must have known that he had just hit a child. And because the driver continued on his way without stopping, he was later arrested to face a charge of fatal hit-and-run.
The issue in the case is therefore whether or not Becerra Garcia knew that he had hit little Mariia. And if so, whether or not he deserves a prison sentence.
“At this stage, we are still in negotiations and talks,” said Mr.e Éric Coulombe of the defense, careful not to reveal any details whatsoever about the facilitation currently underway. This confidential process, which takes place before a judge, aims to “find a legal solution” in a case.
“The conference takes place behind closed doors, following flexible rules likely to promote agreement between the parties on the points in dispute,” indicates the documentation from the Court of Quebec.
A judge who knows his stuff
In this case, the “facilitator” judge chosen is Pierre E. Labelle, who is familiar with hit-and-run cases. Just last year, he had to judge the case of a trucker who had fatally hit a cyclist on the Plateau Mont-Royal, before continuing on his way as if nothing had happened.
After hearing all the evidence and analyzing the legal rules, the magistrate found the truck driver guilty. But subsequently, he ordered that the accused serve a prison sentence at home.
For Becerra Garcia, it is unclear whether the parties will ultimately reach an agreement, but the defense has suggested that it is not prepared to settle at any cost.
“If it does not work [la facilitation]we will go to trial,” concluded Me Coulombe.