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.