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EDMONTON — A trucker whose semi broadsided a bus filled with oil-patch workers, killing six people, was found not guilty Friday of dangerous driving causing death and all other charges.
Inderjit Singh Virk, 35, of Brampton, Ont., showed no emotion as Justice Lawrie Smith of Court of Queen's Bench read her verdict.
“I am unwilling to accept evidence that Mr. Virk failed to keep a proper lookout,” Justice Smith said as Mr. Virk's Punjabi interpreter patted him reassuringly on the knee.
Mr. Virk was charged with six counts of dangerous driving causing death and 19 counts of dangerous driving causing bodily harm.
During the trial court heard that the bus carrying 42 workers from Fort McMurray to Edmonton on May 20, 2005 was T-boned by Mr. Virk's truck just before 1 a.m., sending bodies and wreckage flying.
Witnesses testified that before the crash, the bus got stuck on the edge of Highway 28 just north of Edmonton when it tried to get around a previous accident and ended up blocking one of the lanes. Some witnesses said it was ablaze with interior lights, headlights and hazard lights. Others testified the hazards were not flashing.
After reviewing the testimony of the drivers of two vehicles who were behind Mr. Virk and the evidence of accident experts, Justice Smith concluded the bus's hazard lights were not on, and that its headlights and tail lights could not be seen because the bus was perpendicular to the highway. She said 40 per cent of the vehicle was off the road before the crash.
“It was not proven that the hazard lights were working on the bus,” she said.
Mr. Virk, an experienced driver, testified during the trial that he was well-rested prior to the crash, didn't drink or take drugs, wasn't in a hurry and was focused on the road. He said didn't see any warning lights.
Outside court a visibly relieved Mr. Virk nervously thanked his lawyer in halting English.
“I want to meet my family and thank Mike Pringle for doing a good job,” said Mr. Virk, who was arrested by police in Toronto while attending an English class and brought to Alberta in custody.
“And I thank the judge. She did a good job, too. I am happy now.”
Mr. Virk's uncle, Balbir Kang, said the last three years have been an ordeal for Mr. Virk and his family. He said the accident could have happened to anybody.
“My nephew did not do anything wrong. He is a good driver.”
Mr. Pringle said that he does not expect the Crown to appeal the verdict. He suggested that Mr. Virk was treated as a scapegoat for the accident. He credits witnesses who came forward when they heard that Mr. Virk had been charged for making the difference during the trial.
Mr. Pringle said his client is a very gentle, quiet man whose life has been turned upside-down by the trial and the accident.
“He doesn't drive a truck anymore because it was such a nightmare for him,” he said.
RCMP Constable Daniel Kehler testified that he didn't direct traffic or deploy warning pylons or flares to warn other drivers about the first accident before the fatal crash because the bus was fully illuminated.
Killed in the crash were John Daniel Hernon, 54, Stephen Joseph Batherson, 56, William Carl Ingram, 53, Steve Raymond Wallis, 42, Andrew Daszuta, 47, and Hugh “Dallas” Kiernan, 65, all of Edmonton.
Mr. Daszuta's family has filed a multimillion-dollar civil lawsuit over the crash.
In a statement of claim filed in December 2006, the RCMP are accused of negligence in the collision for “abandoning the scene of the disabled bus, leaving it unprotected from oncoming traffic in a helpless and highly dangerous situation.”
The lawsuit names as defendants the Attorney General of Canada, five unidentified RCMP officers, Mr. Virk, the trucking company and its carrier and the directors of the bus line.
The claim alleges that RCMP members ought to have known that the bus was in a dangerous position and posed danger to southbound traffic.
Statements of claim contain allegations not proven in court.
