COURT DOCUMENTS APPEAR TO SHED NEW LIGHT ON A FATAL BOAT CRASH INVOLVING KEVIN O’LEARY AND HIS WIFE LINDA, ACCORDING TO THE CBC. LINDA REGISTERED AN ‘ALERT’ ON A BREATH TEST, THE NETWORK QUOTES THE SEARCH WARRANT DOCUMENTS AS SAYING.

Newly unsealed court documents appear to shed new light on a deadly boat crash involving celebrity businessman Kevin O’leary and his wife Linda, according to a report by the CBC.

Linda O’leary, who was driving the couple’s boat when it slammed into the side of another vessel on a darkened Ontario lake, registered an “alert” on a breath test, the network quotes the search warrant documents as saying.

The alert means she had consumed enough alcohol to have her licence temporarily pulled, but less than the legal limit. She told police the only drink she had was after the accident, the CBC report says.

“Mrs. O’leary was administered an alcohol screening device test and registered an alert. She was subsequently served a three-day driver’s licence suspension,” allege the Ontario Provincial Police in the documents. “Mrs. O’leary claims to have consumed a drink of vodka following the collision and prior to the breath test.”

According to the documents, “O’leary could not remember who handed her the drink of vodka following the collision.”

The search warrant “information” also indicates that the boat the O’learys struck — two of whose passengers were killed — had its navigation lights turned off at the time of the collision “for the purpose of stargazing.”

The National Post was unable to independently verify the documents on Tuesday.

The crash occurred at about 11:30 p.m. Aug. 24 on Lake Joseph, one of the Muskoka district’s most exclusive cottage enclaves. The documents say Gary Poltash and Susanne Brito — passengers on the second boat — died after suffering “severe head trauma.” Poltash, 64, was from Florida, and Brito, 48, was from Uxbridge, Ont.

Linda O’leary is charged with careless operation of a vessel under the Canada Shipping Act, a non-criminal charge that could lead to a fine of up to $10,000. Richard Ruh, who was driving the other boat, is charged with failing to exhibit a navigation light while underway.

Brian Greenspan, O’leary’s lawyer, said the accident had “nothing to do with alcohol.”

“Linda O’leary was not impaired; she is a highly experienced boater who was proceeding cautiously with due care and attention,” Greenspan said in an emailed statement. “She collided with a totally unlit boat on a moonless night which was invisible to any prudent operator. No one could have avoided the collision.”

Lawyer Mark Sandler, who represents Ruh, could not be reached for comment Tuesday. But CBC quoted him as saying his client will contest the navigation-lights charge.

Brito’s family is suing O’leary, Ruh and Irv Edwards — the second boat’s owner — for $2 million over the woman’s death.