Trial for dangerous driving causing death | Ducks on the road: an accident or a dangerous maneuver?

(Joliette) Éric Rondeau stopped in a curve to let ducks cross on the road. While restarting, it caused a fatal collision. An unfortunate “accident” caused by a motorcyclist who was driving too fast and a “trap” curve, according to the defense. An obviously dangerous maneuver, pleaded the Crown.


The lawyers presented their final arguments on Monday at the trial of Éric Rondeau at the Joliette courthouse. The 47-year-old agronomist is accused of causing the death of a 19-year-old motorcyclist, Félix-Antoine Gagné, by driving dangerously for the public on Route 345, on July 22, 2019, in Sainte-Élisabeth, near Joliette.

A family of ducks is at the heart of the trial. Driving his F-150 pickup truck, Éric Rondeau stopped for several seconds to let the birds cross. To circumvent them, he found himself completely in the opposite lane, in a curve. He was then traveling at 18 km/h and his visibility was reduced. The motorcyclist could not avoid it. A powerful video presented to the jury shows the entire scene.





The Crown prosecutor, Mr.e Alexandre Dubois, was in full argument. Suddenly he stopped talking. Eight seconds of silence. “This break we just took, that’s it, eight seconds,” he told the jury.

These eight seconds represent the time that elapsed between the start of the accused’s evasion maneuver and the moment he saw the motorcycle.

Éric Rondeau told the jury that he never looked ahead during this period as he rounded the ducks. He claims to have had his eyes glued to the back. He therefore found himself unwittingly in the opposite direction.

A reasonable person, the Crown suggests, would not have “advanced blindly around a curve without looking where to go”, when there was a straight line 500 meters behind him.

“The reasonable person would have waited for the ducks to finish crossing or would have left by staying in his lane,” pleaded Mr.e Dubois, who teams up with Me Jade Coderre.


PHOTO MARTIN CHAMBERLAND, THE PRESS

The Crown prosecutor, Mr.e Alexandre Dubois

A simple “accident” for the defense

For the defense, it’s all just an “accident”. Éric Rondeau found himself “trapped” by the curve when he tried to get around the birds, pleaded Me Richard Dube.

“Put yourself in his shoes, it could have happened to you. Life on the road is complicated. A criminal act is reckless behavior or an imbecile decision, and we are not in it for Mr. Rondeau, ”said Mr.e Dube.

The criminal lawyer even enjoined the jury to avoid causing a “miscarriage of justice”. A remark that forced the judge to give a special instruction to the jury.

Me Dubé also blamed the victim, insisting that the young motorcyclist was driving “much too fast”, while his client was “really careful”.

The defense lawyer also accuses prosecution witnesses of having reduced the speed of the motorcycle. An expert estimated that the motorcyclist was traveling between 90 and 100 km/h before applying the brakes.

“We have a natural sympathy for animals. Nobody is going to say to Mr. Rondeau: you should have passed on the ducks, ”supported the criminal lawyer.

Judge Marc-André Blanchard will give his final instructions to the jury on Tuesday for deliberations.


source site-61

Latest