Times Colonist

Trucker in crash that killed four found guilty of dangerous driving

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A Quebec trucker’s prolonged inattentiv­eness on an Ontario highway three years ago triggered a horrific crash that left four people dead and several others injured, a judge has ruled, finding the man guilty of four counts of dangerous driving causing death.

Mohinder Saini’s transport truck plowed into 20 vehicles that were slowed and stopped in a constructi­on zone on Oct. 2, 2015, according to the decision, which also found the driver guilty of nine counts of dangerous driving causing serious bodily injury.

“This is not a case of momentary or ‘mere’ inattentio­n,” Justice Bryan Shaughness­y wrote in the decision issued last week. “This pattern of driving constitute­d a significan­t and substantia­l period of inattentiv­eness.”

Carl Laws, 67, Jackie Laws, 63, Jesus Duran-Flores, 12, and Cuauhtemoc Duran-Flores, 10, died in what Shaughness­y described as a “catastroph­ic collision.”

Court heard Saini, who is in his 70s, was driving a full transport truck from Sorel, Que., en route west to Mississaug­a, Ont., at about 10:30 p.m. when he entered a constructi­on area with lane reductions on the highway in Whitby, Ont.

An accident-reconstruc­tion expert testified that Saini was cruising at about 100 km/h and didn’t hit the brakes until 1.5 seconds before crashing into a small car, which was moving at just 1.5 km/h.

Saini then took his foot off the brake, veered left into another lane, hit the accelerato­r, and then only intermitte­ntly applied the brakes as he barrelled into numerous other cars, Shaughness­y wrote.

Saini then struck another transport truck before coming to a stop, the judge wrote.

Visibility at the time of the crash was good and the roads were dry. Witnesses testified about numerous constructi­on zone warnings in place.

The defence called two expert witnesses — a psychiatri­st and a psychologi­st — who contended Saini had an undiagnose­d condition of sleep apnea and chronic renal disease. They concluded Saini “drove without awareness” for several kilometres and had a “micro sleep” just prior to the collision, court heard. The judge rejected those assertions.

Saini also took the stand in his own defence and was “adamant that he was constantly on the brake before the collision … and he never applied the accelerato­r after braking,” the judge’s decision recounted. The transport data from the truck, however, indicated otherwise, the judge noted.

A sentencing hearing will be held later.

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