Friday, June 26, 2015

Sebastian Prosa: Ontario; Found guilty of all charges including impaired driving causing death in a fatal car crash that left two people dead and one seriously injured - in spite of defence that he may have had his drink spiked at a downtown nightclub but his blood was not tested for date rape drugs such as GHB. "However, Justice Glen Hainey, found Prosa’s testimony not credible or reliable and rejected his testimony about having a total memory loss between drinking at the bar and waking up in the hospital after the crash." Despite the “unacceptable negligence” of scientists at the Centre of Forensic Sciences in failing to properly pack the blood sample, Hainey found Prosa could still support his defence.Toronto Star.

A judge has found a 21-year-old man guilty of all charges including impaired driving causing death in a fatal car crash that left two people dead and one seriously injured. Sabastian Prosa had admitted to having a blood-alcohol level around twice the legal limit when he sped the wrong way down Hwy. 427 on Aug. 5, 2012, crashing head-on into a minivan carrying Jayantha Wijeratne, 49, his wife, Antonette, and their 16-year-old daughter, Eleesha. Jayantha and Eleesha were killed and Antonette severely injured. Prosa, who was 19 at the time and also injured in the crash, faced 12 charges including impaired driving causing death and criminal negligence causing death.........When Prosa testified in his own defence, he said he could not remember most of the night, including how he got to a downtown Toronto bar and how he ended up behind the wheel of his SUV on the highway. The defence argued that Prosa may have had his drink spiked at a downtown nightclub but his blood was not tested for date rape drugs such as GHB. A blood-alcohol level of 148 milligrams to 173 milligrams of alcohol in 100 millilitres of blood (the legal limit is 80 mg of alcohol in 100 mL of blood) is not high enough to explain his “bizarre and purposeless driving behaviour,” the defence argued. However, Justice Glen Hainey, found Prosa’s testimony not credible or reliable and rejected his testimony about having a total memory loss between drinking at the bar and waking up in the hospital after the crash. Though Prosa was adamant he drank four shots at a friend’s house, he could recall no other details such as what he drank, where he got it or what time it was, Hainey said. Under oath for a civil proceedings three months before he testified, Prosa maintained he only had two drinks. “He appeared to be evasive and had a selective memory,” Hainey said “I find he was tailoring his evidence to support his defence of involuntary intoxication.”.........Despite the “unacceptable negligence” of scientists at the Centre of Forensic Sciences in failing to properly pack the blood sample, Hainey found Prosa could still support his defence."
http://www.thestar.com/news/crime/2015/06/26/man-guilty-in-drunk-driving-crash-that-killed-two.html