Top court to hear women’s case

A B.C. woman who had a new trial ordered in a dangerous-driving case is scheduled to have her appeal of the decision heard before the Supreme Court of Canada this fall.

Andelina Kristina Hecimovic was found not guilty in 2013 of two counts of dangerous driving causing death in connection with the crash that killed 21-year-old John De Oliveira and 19-year-old Rebecca Dyer.

Shortly before midnight on Oct. 19, 2010, De Oliveira was driving with his girlfriend Dyer down Lougheed Highway in Pitt Meadows when a Toyota Paseo skidded sideways over the top of the concrete median, flipped and smashed into the roof of De Oliveira’s vehicle.

The couple were killed on impact, according to police.

The driver of the Toyota, Hecimovic, suffered nonlife-threatening injuries.

Hecimovic testified at trial that she had been driving to her boyfriend’s home after a difficult nursing shift at Eagle Ridge Hospital when the crash happened.

She said she had moved into the right lane because she saw it “open up” — she did not notice that it was a right-turn-only lane, or that she was entering an intersection on a red light, because she was upset.

The trial judge concluded that the Crown had not proven beyond a reasonable doubt that Hecimovic had the intent to drive dangerously, and decided that Hecimovic’s driving was not a marked departure from the standard of care a reasonable person would have observed.

The Crown appealed the decision, alleging that the trial judge made a legal error.

The appeal was heard in October 2014, and on Dec. 12, in a 2-1 decision, the B.C. Court of Appeal set aside the acquittal and ordered a new trial.

Because one judge dissented on a point of law, Hecimovic had the right to appeal to the Supreme Court of Canada.

A notice of appeal was filed on Jan. 8.

Both sides have filed the appropriate documents and a tentative hearing has been scheduled for Nov. 6.