Driver acquitted in crash that killed toddler, injured father in Vancouver
A judge has acquitted a driver on trial in the death of a toddler after a crash in downtown Vancouver sent an SUV up onto the sidewalk where it hit the little girl and her father.
Facing charges of dangerous driving causing death and dangerous driving causing bodily harm, Seyed Moshfeghi Sadeh's freedom hung in the balance at Vancouver provincial court.
Lawyers for the Crown and defence agreed on most facts in the case and said the only issue for the judge to decide was intent.
Judge Kathryn Denhoff said she would have to weigh whether the accused was driving in a manner that is a marked departure from the way a reasonable person would drive when he ran a red light in July 2021.
Moshfeghi Sadeh was in a Ford Escape travelling west on Smythe Street just after 6 p.m.
The court heard the light at Hornby Street had already been red for approximately 20 seconds when he drove through the intersection at 47 km/h without touching his brakes until after he was broadsided by a McLaren sports car that had a green light.
The collision caused Moshfeghi Sadeh's SUV to roll up onto the sidewalk where it hit Michael Hivva, who was holding his two-year-old daughter Ocean.
The little girl did not survive and Hiiva was seriously injured.
The Crown argued that Moshfeghi Sadeh's conduct was criminal.
“It is the functional equivalent of driving with a blindfold on for a city block at rush hour in downtown Vancouver," said Crown prosecutor Brent Anderson.
Moshfeghi Sadeh's lawyer argued his client may have been inattentive and possibly negligent -- but not criminally negligent.
The judge echoed those remarks when she called the crash the result of a momentary lapse of attention.
“In every case where it is a departure but not a marked departure the courts have said it is civil negligence," Denhoff said before announcing the acquittal.
Moshfeghi Sadeh, who has covered his face with a balaclava each time he has entered and exited court during the trial, did not answer reporter questions while leaving the courthouse after learning his fate.
His lawyer said his client is relieved to have been acquitted of the criminal charges.
"We have the greatest sympathy and compassion for the parents and the family of the deceased child and Mr. Hiiva for the injuries that he suffered," said Robert Dick. "That has weighed very heavily on Mr. Moshfeghi Sadeh."
Anderson, the Crown prosecutor declined to comment outside court.
Should the Crown wish to file an appeal of the judge's decision it must do so within 30 days.
CTVNews.ca Top Stories
World No. 1 golfer charged with police officer assault before PGA Championship second round
World number one golfer Scottie Scheffler was arrested and charged with the assault of a police officer in what he called a 'chaotic situation' before being released in time to start his second round at the PGA Championship on Friday.
LIVE @ 11:30 MT Four 1970s homicides linked to serial killer, Alberta Mounties to reveal Friday
A dead serial sexual offender and killer has been linked to four homicides in the 1970s in Alberta, RCMP say.
With today's high rates, should you consider an interest-free halal mortgage?
A halal mortgage complies with the Islamic religious, or Shariah, law, which forbids the use of "riba" (interest). Here's what mortgage experts say those considering "no-interest" halal mortgages should know.
WATCH Infectious disease expert warns measles 'a very real threat'
A Canadian epidemiologist is warning the measles presents a 'very real threat' to public health if Canada doesn't maintain a high vaccination rate.
NEW What a wildfire survivor says she regrets not grabbing before leaving home
Carol Christian had 15 minutes to evacuate her home during the Fort McMurray wildfires in 2016. She ended up losing the house and everything inside. Now, she wants to share the lessons she learned.
Newly mapped lost branch of the Nile could help solve long-standing pyramid mystery
Egypt’s Great Pyramid and other ancient monuments at Giza exist on an isolated strip of land at the edge of the Sahara Desert.
Ontario sees first measles death in more than a decade after young child dies
A young child has died of measles in Ontario, marking the first death in the province from the highly contagious virus in more than 10 years, a Public Health Ontario report confirms.
Wildfires are dampening against cool, rainy weather, but there's plenty left to contain
An opportune system of cool, wet weather Friday is dampening the spread of wildfires across Western Canada, but there's still plenty of work for responders and residents alike.
Think twice before sharing 'heartbreaking' social media posts, RCMP warn
Mounties in B.C. are urging people to think twice before sharing "heartbreaking posts" on social media.