Sabastian Prosa: Ontario; CBC reports that drunk driving charges won't be stayed, as judge rules that, even though loss of a blood sample violated his Charter rights, "Results from the testing of his blood sample are not necessary for Mr. Prosa to put forward his defence. They may or may not have supported it." Prosa has pleaded not guilty to all charges against him. At trial, he has admitted to driving the vehicle that night, as well as to having almost double the legal limit of alcohol in his system at the time. But Prosa says he believes his drink was spiked on the night of the crash, and his lawyer, Alan Gold, argues the loss of the blood sample affects Prosa's ability to mount a full defence."

STORY: "Sabastian Prosa drunk driving charges won't be stayed,  judge rules,: published by the CBC on May 27 2015.

SUB-HEADING: "Judge Glenn Hainey says accused's  charter rights were violated, but trial should continue."

SUB-HEADING: "Judge calls attempt to drop charges a "Hail Mary attempt."

GIST: "A judge ruled Wednesday that charges will not be stayed against a man charged with drunk driving in connection with a crash that left two people dead.

The lawyers for Sabastian Prosa, who was 19 at the time of the 2012 collision, had asked for 12 charges he faces to be dropped because a sample of his blood leaked during the investigation and couldn't be properly tested.  Justice Glenn Hainey said the loss of the blood sample did violate Prosa's charter rights, but said he wouldn't stay the proceedings. The judge is expected to make a ruling in the case at an upcoming June court date. "Results from the testing of his blood sample are not necessary for Mr. Prosa to put forward his defence. They may or may not have supported it," Hainey said.........Prosa was behind the wheel of a GMC Envoy that struck a van carrying Jayanatha Wijeratne, along with his wife, Antonette, and their 16-year-old daughter, Eleesha, in August 2012. Jayantha Wijeratne, 49, and his daughter died in the crash, while Antonette Wijeratne suffered severe injuries. Prosa has pleaded not guilty to all charges against him. At trial, he has admitted to driving the vehicle that night, as well as to having almost double the legal limit of alcohol in his system at the time. But Prosa says he believes his drink was spiked on the night of the crash, and his lawyer, Alan Gold, argues the loss of the blood sample affects Prosa's ability to mount a full defence. "

The entire story can be found at:

http://www.cbc.ca/news/canada/toronto/sabastian-prosa-drunk-driving-charges-won-t-be-stayed-judge-rules-1.3089493

PUBLISHER'S NOTE: 
 
Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.

I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.
 
Harold Levy; Publisher; The Charles Smith Blog;