Keith Fraser (Vancouver Province) – Burnaby RCMP Const. Petina Kostiuk was clearly negligent when she accelerated through a red light and collided with another vehicle, killing two men, a lawyer argued Wednesday.
Derek Mah, who represents the family of Albert Haczewski, one of the victims, told a judge that the defendants should be held “fully liable” for the collision.
He said while Kostiuk was entitled under the law to proceed through the red light, she should have slowed down rather than speed up.
While the officer’s conduct was not intentional, the risks she created were “significant” and “egregious,” he told B.C. Supreme Court Justice Christopher Grauer.
“Const. Kostiuk did not meet the standard of care expected of her. She admitted she did not exercise reasonable care. Her mistake was costly and it killed two young men.”
Responding to an emergency call of a suicidal, pregnant woman, the officer testified she ran to her vehicle and turned on the emergency lights and sirens.
She said she briefly turned off the emergency equipment before arriving at the intersection of Royal Oak and Kingsway.
She slowed then accelerated through a red light at the intersection, hitting a Chevrolet Cavalier driven by Haczewski.
She testified that before the collision her speed was 80 km/h.
Both Haczewski, 27, and his passenger, lifelong friend Koyo Hara, 26, were killed by the collision.
Kostiuk was initially charged with two counts of dangerous driving causing death, but in March pleaded guilty to the lesser offence of driving without due care and attention and was fined $1,500.
Paula Haczewski, the widow of the victim, and the victim’s parents filed suit, seeking damages, as did the family of Hara. Hara’s family has settled out of court for an undisclosed amount.
Sarah Eustace, federal counsel for the RCMP, told the judge that Kostiuk was just “doing her job” and had followed the RCMP’s emergency vehicle policy, regulations and the law.
Eustace called for the plaintiff’s case to be dismissed. Kostiuk was initially named as a defendant but the claim against her was dismissed because under the Police Act an officer is not personally liable for acts carried out in the performance of their duties.
Remaining as a defendant is the B.C. minister of public safety and solicitorgeneral.
The judge reserved his decision.
[Source]
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