A B.C. judge will announce Wednesday afternoon whether he will grant a stay of proceedings for a woman on trial for dangerous and impaired driving in the death of a four-year-old girl.
Lawyers for Carol Berner had argued that the vehicle involved in the crash that killed little Alexa Middelaer was destroyed before the defence team had a chance to examine it.
Middelaer was struck and killed by Berner's red Oldsmobile while standing with her aunt by the side of a quiet Delta road on May 17, 2008.
So far in Berner's trial, Crown lawyers have called several witnesses who examined the car after the crash. They all testified that they could find nothing mechanically wrong with the vehicle that could have led to the collision.
But defence lawyer David Tarnow argued Tuesday that because the car was destroyed before Berner was charged, the defence team could not have its own mechanics examine the vehicle.
A decision in Tarnow's request is expected Wednesday at 1:30 p.m. in Surrey provincial court.
