Driver couldn’t see officer, trial hears

Forensic engineer’s testimony for defence contradicts accounts from three police witnesses

Another accident reconstructionist has testified that Toronto police Const. Jeffrey Northrup was on the ground when he was run over in the parking garage beneath Nathan Phillips Square, a conclusion that aligns with the findings of a previous expert and contradicts the accounts given by three police witnesses.

Barry Raftery, who is a forensic engineer, was testifying for the defence Monday in Superior Court at Umar Zameer’s trial for the firstdegree murder of Northrup, 55. Zameer, a 34-year-old accountant, has pleaded not guilty and is expected to testify this week that he was trying to protect his family when he stepped on the gas of his BMW and accidentally struck and killed Northrup early July 2, 2021.

The jury has heard Zameer and his wife, Aaida Shaikh, 34, didn’t realize Northrup and his partner — dressed in plain clothes — were police officers, believing instead they were under attack by criminals, with their two-year-old in the back seat.

Earlier in the trial, prosecutors called three police witnesses who each testified Northrup was standing in a laneway in the parking garage waving his hands trying to get the BMW to stop when he was hit head-on.

Those accounts are a key focus in a prosecution case that alleges Zameer intentionally drove at Northrup, knowing he was a police officer.

However, last week, before closing their case, prosecutors called a Toronto police collision expert who disagreed with the officers’ recollections, instead telling the jury he believes Northrup was knocked to the ground as the BMW reversed.

On Monday, Raftery said he “strenuously” supports the officer’s opinion, adding he “has a lot of respect for him.”

Defence lawyer Nader Hasan asked Raftery if Northrup was on the ground when the BMW made contact with him a second time.

“That’s the only reasonable conclusion that can be reached by a review of the physical evidence,” Raftery responded.

He also explained Northrup would not then have been in Zameer’s field of vision as he drove forward because of the BMW’s “blind zone.”

In preparation for this case, Raftery used laser 3D imaging to create a digital model of the vehicle, which he said demonstrates what Zameer could and could not see when he was behind the wheel.

The position of Northrup’s prone body, according to his calculation, was “entirely within the blind zone,” he said.

“What conclusion can we draw from this?” asked Hasan.

“When Mr. Zameer started to move forward, officer Northrup was at a location where he would not be visible to Mr. Zameer,” Raftery said.

Hasan asked how he could be certain Northrup wasn’t standing.

Raftery pointed to dust visible on the BMW’s front bumper, indicating “there was no contact.”

As horrible a day as it was for many people, Raftery said Zameer was fortunate his BMW wasn’t washed that day. In addition, had Northrup, who was a large man, landed on the hood, there would be evidence of that, possibly a crack in the windshield or a dent on the hood, and “we don’t see that.”

A charge of first-degree murder typically requires that a killing be both planned and deliberate, but not in this case. Zameer is facing the charge because Northrup was a police officer killed in the line of duty.

If the jury finds Zameer didn’t realize Northrup was a police officer, they must acquit him of first-degree murder. They could, however, find him guilty of lesser charges, or acquit him outright if they believe Northrup’s death was an accident.

The trial continues Tuesday when the prosecution is expected to cross-examine the Raftery.