Momentary lapse in focus or undue care and attention? Closing arguments complete in Chatham trial

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Closing arguments are complete in a careless driving trial in Chatham.

Brett Iler has pleaded not guilty to six counts of careless driving for the May 2022 double fatal collision during the RetroFest Classic Car Cruise.

Nigel Sedge and his friend Jaimee Doyle died after the 1950 Buick sedan they were riding in was struck nearly head-on by an SUV driven by Iler.

Three other passengers in their car were also injured.

The collision happened on the ‘S’ bend of Queen’s Line near Dillon Road.

Iler told the court he was on his way to work – a shift that was due to start just five minutes before the collision.

“He yawned as he was negotiating the curve," defence lawyer Alexandra Cardella argued Thursday in Blenheim Provincial Offences court.

She told the judge it took just 1/26th of a second to yawn and “momentarily close his eyes”.

It was enough time, however, for his SUV to cross 1.02 meters into the westbound cruise.

His SUV struck a classic pickup truck, causing him to rotate counter-clockwise into the path of the classic Buick. Court learned the SUV struck on the drivers side, flipped along the side of the sedan, before becoming airborne.

“The evidence does not contradict Mr. Iler’s testimony,” Cardella argued.

Assistant Crown Attorney Ryan Iaquinta urged the judge to dismiss Iler’s testimony.

"The main issue is reliability. He (Iler) can't remember most of it (the collision)," Iaquinta said Thursday.

In his cross-examination, Iaquinta criticized Iler about the yawning, arguing it was something that would “sound good in court”.

Iaquinta asked the judge to rule that crossing into the westbound lanes was “the negligent act”, as such, its careless driving.

He reminded the judge the road was dry, the conditions were clear, there were no mechanical issues with his SUV and Iler was driving on a road he was familiar with.

“You have witnesses who saw him cross the lane,” Iaquinta said.

During the trial, three civilian witnesses testified seeing the SUV cross the centre line.

“The ‘S’ bend was not a mystery,” Iaquinta said, arguing if Iler yawned he still “abandons control of the vehicle” and gives “undue care and attention” to the other drivers on the road.

Justice Kelly Jackson told the court she needs time to consider her decision.

She will have her judgment on Nov. 29.