The Guardian (Charlottetown)

Data recorder part of Day 2 testimony

Six witnesses called Tuesday during dangerous driving causing death trial

- BY COLIN MACLEAN Colin.MacLean@JournalPio­neer.com @JournalPMa­cLean

A report from a data recorder, recovered from Gregory Stuart Collicutt’s vehicle, indicated the car was travelling above the posted 80 km/h speed limit just before a crash that killed Dorothy Mae Mayhew in 2015, the RCMP’s lead investigat­or testified Tuesday in Summerside.

Const. Paul Landry was testifying on Day 2 of Collicutt’s dangerous driving causing death trial.

Judge Tracey Clements cautioned the jury that Landry’s comment regarding the data on the device could not be considered evidence yet, as it was from a second-hand source.

The RCMP expert, who examined the data device, is still slated to testify and it’s expected they will be called on to elaborate on their report.

The Crown has indicated the recorder retrieved from the 2006 Chevy Impala Collicutt was driving will play an important role in the case. The 2000 Toyota Echo Mayhew was driving had no such data-recording device.

Landry testified the recorder’s data could not be retrieved by usual means because of damage to the Impala, so the device had to be physically removed from the car and sent to an expert to be read.

During cross-examinatio­n, defence lawyer Peter Ghiz pressed Landry on whether he knew for sure the technician at Johnston’s Towing in Bedeque was qualified to remove the device.

Landry answered he did not ask specifical­ly, but Johnston’s has done the service successful­ly for RCMP in the past.

Ghiz also asked if Landry had inquired with the company as to whether anyone had tried to tamper with the device between when it was removed and when he picked it up and if there were any other data recording devices in the office at the same time.

Landry said he did not ask those specific questions when he picked up the device.

Landry testified there were no grounds to suspect Collicutt had been under the influence of any kind of substance or that he was using a cellphone prior to the crash.

He also noted the RCMP could not locate anyone who had witnessed the crash, only people who had come upon it shortly after it happened.

Landry said the lack of skid marks on the road indicated neither car attempted to brake prior to the crash.

Landry was one of the six people who testified on Tuesday.

Technician Albin Arsenault, who inspected both vehicles, testified as far as he could tell given the damage both vehicles were in good condition prior to the crash.

The crash happened at the intersecti­on of Route 10 and Route 1A in Central Bedeque on Oct. 9, 2015.

The trial resumes Wednesday at Prince County Courthouse at 9:30 a.m.

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