Final submissions made in second trial of Colin Tweedie
Talia Forrest's family members and supporters filed out of the courtroom on Tuesday following final submissions in what has now been a second long and emotional trial for the man accused in her death.
The 10-year-old died after being struck by a vehicle while riding her bicycle with a friend along the Black Rock Road in Black Rock, N.S., on July 11, 2019.
Thirty-two-year-old Colin Tweedie was found not guilty the first time around on counts of dangerous driving causing death, impaired driving causing death and leaving the scene of an accident.
The Nova Scotia Court of Appeal overturned that decision and ordered a new trial.
"It's going alright so far,” said Halen Williams, Forrest’s first cousin who said she thought of the young girl like a sister. “We're going to continue to fight for the right justice she deserves. She deserved it four years and eight months ago. We hope he's found guilty on all charges, and he gets jail time for what he's done."
Defence lawyer Tony Mozvik argued Tweedie should once again be acquitted on all charges.
He told the court it could not be proven beyond a reasonable doubt his client was impaired at the time of the crash - Tweedie twice blew under the legal limit - or he had been driving dangerously.
Mozvik argued the road where the crash happened was “a complete mess” and his client thought he had hit a deer.
He told the court a driver would not expect to come across two children riding their bikes at the time of night when the crash occurred.
"It's been tough. I mean, there's been death threats,” Mozvik told reporters after the day’s proceedings. "A big thing from our perspective is the fact he returned to the scene. It certainly doesn't show a consciousness of guilt - somebody who was trying to do something wrong wouldn't return to the scene within five or 10 minutes."
The Crown argued Tweedie's blood-alcohol content would have been at or above the legal limit within two hours of the crash.
The Crown also noted Forrest's DNA had been found on his vehicle, and argued by the time Tweedie and his girlfriend started walking back to the scene, they would have received a phone call telling them a child had been hit, not a deer.
"The Crown takes the position that we've met each of those tests for each of those charges, so that the Court should find the accused guilty on all three counts,” said Crown lawyer Darcy MacPherson. "The case is now in the judge's hands, and he's going to decide whether we did in fact prove any or all of the cases."
The trial is set to resume at Sydney Supreme Court on May 17, when Justice Kevin Coady is expected to announce his decision.
For more Nova Scotia news visit our dedicated provincial page.
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