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
Air quality advisories issued in 5 provinces, 1 territory
Air quality advisories are in effect across Western Canada as smoky conditions plague some areas, according to the latest forecasts. Here's where.
Just how bad are ultraprocessed foods? Here are 5 things to know
Many foods fall under the category of ultraprocessed foods, depending on their exact ingredients. This type of food has been studied a lot lately, and the results aren’t great.
Steve Buscemi punched in the face while walking in N.Y.C.
Hollywood actor Steve Buscemi has been treated for injuries after being punched in the face while walking in New York City.
No refund for travellers who cancelled flight already scrapped by airline: regulator
Four years on, the controversy over whether airlines owed refunds to passengers after cancelling hundreds of thousands of flights during the pandemic continues to simmer, aggravated by a sluggish, opaque complaints process.
opinion Harry and Meghan's Nigerian adventure: Traditional attire to warm welcomes
For her latest column on CTVNews.ca, royal commentator Afua Hagan writes about Prince Harry and Meghan Markle's recent visit to Nigeria, calling it a 'deeply meaningful campaign' that was about aligning their ongoing efforts to foster mental-health awareness and promoting the Invictus Games.
'Terrifying': Manitoba resident speaks on wildfire and evacuation
As a pair of wildfires burn near Flin Flon and The Pas, a number of Manitobans are being told to evacuate their homes.
Ontario's need for nurses, PSWs to top 33K and 50K by 2032: document
Ontario will need 33,200 more nurses and 50,853 more personal support workers by 2032, the government projects — figures it tried to keep secret but were obtained by The Canadian Press.
Jerry Seinfeld speech prompts pro-Palestinian demonstration at U.S. university graduation ceremony
A tiny contingent of Duke University graduates opposed pro-Israel comedian Jerry Seinfeld speaking at their commencement in North Carolina Sunday, with about 30 of the 7,000 students leaving their seats and chanting "free Palestine" amid a mix of boos and cheers.
No concert ticket? No problem — Swifties can still gather at 'Taylgate' in Toronto
Whether you were lucky to nab tickets to one of Taylor Swift's six sold-out Toronto concerts in November or not, a new 'fan experience' hopes to get you into the party spirit.