Prad trial: Day 6

Prad trial: Day 6

Crown calls final witness

  • Nov. 29, 2016 6:00 a.m.

Erin Haluschak

Record Staff

A forensic identification expert said cyclist Paul Bally’s bike helmet, jacket and bike were all in “probable contact” with the vehicle belonging to the man facing two charges in relation to the Courtenay school teacher’s death.

Tuesday morning, Charmaine Lee appeared by video and told court she specializes in the identification of physical matching of paint, plastic and polymers, and tested three different pairs of trace evidence to determine a similarity of sources.

The evidence included Bally’s bike helmet to paint shavings, the frame of his bike to grey plastic from the truck and paint smears on the cycling jacket to paint shavings from the hood of the vehicle.

Timothy Prad, 57, is in the sixth day of the eight-day provincial court trial at the Courtenay courthouse. He pleaded not guilty to dangerous driving causing death, and failure to stop at an accident causing bodily harm in the Dec. 15, 2014 incident in which Bally was struck by a southbound vehicle on Highway 19A near Curran Road in Fanny Bay.

Late Tuesday morning, Crown called its final witness to the stand and asked Judge Peter Doherty to re-enter into the initial voir dire – a series of videos created by the Comox Valley RCMP.

The voir dire is an in-trial hearing that is considered a separate hearing from the trial itself – designed to determine an issue separate from the procedure, or admissibility of evidence.

The videos – created about a month after the fatal incident – were made in conjunction with factors determined from the scene reconstructionist, to have a sense of how Prad’s vehicle may have operated on the roadway, testified Const. Jonathan Grabb earlier in the trial.

Crown attorney John Boccabella argued the video is the best way to capture the nature of the road, its curve in the dark and the rain on the evening of the incident without moonlight.

“What is immediately in front of this truck (right) before impact? That’s what’s very important in this case,” he added, prior to presenting case law to Doherty.

Defence lawyer Doug Marion submitted the video should not be considered because it is imperative the court understand the facts tht are known and sworn in.

“There is no direct evidence of the location of the deceased when he was hit … or the speed he was travelling.”

Marion argued the conditions – particularly weather and certain aspects of the truck used in the re-creation – on the night the video was recorded by police do not match the conditions on the night of Bally’s death.

“Crown cannot tell you with any accuracy that they are replicated … the probative value is outweighed by prejudice.”

Doherty will make a decision on the admissibility of the videos Wednesday. The trial is set to conclude this week.

 

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

The CSRHD board has diverging views on its relationship with Island Health. File photo
Comox-Strathcona board ponders relationship with Island Health

“We have to stand together … to get our share of the health budget.”

The CVCDA Accessibility Project is creating safer ramps at the Courtenay facility. Photo supplied
Accessibility project underway at Comox Valley Child Development Association

Over the past month, you may have noticed some construction underway behind… Continue reading

19 Wing Comox’s Wing Auxiliary Security Force (WASF) will be conducting training at Canadian Forces Base (CFB) Comox and the Department of National Defence Seal Bay training area from April 12-16. Black Press file photo
19 Wing training set for April at Seal Bay, CFB Comox

Members of the public may see an increase in activity at locations in the Valley

The Union Bay Improvement District is holding its AGM April 29 as it looks to hand over services to the regional district. Record file photo
Union Bay board hikes water rates due to operating costs

Board also planning for AGM, transition to regional district service

B.C. Health Minister Adrian Dix and Premier John Horgan describe vaccine rollout at the legislature, March 29, 2021. (B.C. government)
1,262 more COVID-19 infections in B.C. Friday, 9,574 active cases

Province’s mass vaccination reaches one million people

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

The 10-part Netflix series Maid, which is being exclusively shot in Greater Victoria, was filming near Prospect Lake in Saanich last month. (Photo courtesy Fred Haynes)
Province announces $150,000 towards South Island film studio, fulfilling B.C. NDP promise

Investment to fund movie studio feasibility study at Camosun College

Tyson Ginter, 7, is proud of his latest Hot Wheels he recently received by Quesnel RCMP Const. Matt Joyce. (Photo submitted)
B.C. Mountie handing out toy cars to light up children’s faces

‘A lot of times it will be the only interaction they have with the police,’ says Const. Matt Joyce

Chief Public Health Officer Theresa Tam speaks during a technical briefing on the COVID pandemic in Canada, Friday, January 15, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Canada’s ICUs see near-record of COVID-19 patients last week as variant cases double

Last week, Canadian hospitals treated an average of 2,500 patients with COVID-19, daily, up 7% from the previous week

University of Victoria rowing coach Barney Williams at the University of Victoria in Victoria, B.C. THE CANADIAN PRESS/Chad Hipolito
UVic, women’s rowing coach deny former athlete’s allegation of verbal abuse

Lily Copeland alleges coach Barney Williams would stand close to her and speak aggressively in the sauna

Librarian Katie Burns with the Fraser Valley Regional Libraries poses for a photo in Chilliwack on June 18, 2019. Monday, April 12, 2021 is Library Workers’ Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of April 11 to 17

Library Workers Day, That Sucks! Day, and Wear Your Pyjamas to Work Day are all coming up this week

Nanaimo RCMP are asking for the public’s help in identifying the man suspected of being involved in a stabbing. (Photo submitted)
Nanaimo RCMP trying to identify stabbing suspect who wielded rusty knife

Stabbing followed argument between two men at Port Place Shopping Centre April 1

Most Read