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
Signs of Alzheimer’s were everywhere. Then his brain improved
Blood biomarkers of telltale signs of early Alzheimer’s disease in the brain of his patient, 55-year-old entrepreneur Simon Nicholls, had all but disappeared in a mere 14 months.
Box tree moths have infested Ontario and experts say more are coming. Here's what to do to protect your garden
An invasive moth species is on the rise in Canada and, if you've planted a certain shrub, it could stand to ruin your garden.
Lyon-bound Air Canada Boeing 787-8 Dreamliner from Montreal turns back midflight due to pressurization alert
Passengers heading from Montreal to Lyon, France on Friday were forced to return home and depart the next day after a pressurization indication was detected in flight.
Oilers dominate Canucks, win to force deciding Game 7
The Edmonton Oilers avoided elimination from the NHL playoffs Saturday night, beating the visiting Vancouver Canucks 5-1 in Game 6 of their second-round series.
The eight most expensive homes for sale in Ottawa this spring
Ottawa's ultra luxury housing market is blooming like the tulips this spring, with a significant increase in the number of homes sold worth more than $2 million.
B.C. pipeline company argues its 'haulers' are not trucks, for tax purposes
A contractor working on the Coastal GasLink pipeline has been denied more than $333,000 worth of tax rebates because pieces of machinery it purchased – and claimed were not trucks – were deemed sufficiently truck-like in B.C. Supreme Court.
$500K-worth of elvers seized at Toronto airport
Fishery and border service officers seized more than 100 kilograms of unauthorized elvers at the Toronto Pearson International Airport on Wednesday.
Usyk beats Fury by split decision, becomes undisputed heavyweight champion
Oleksandr Usyk defeated Tyson Fury by split decision to become the first undisputed heavyweight boxing champion in 24 years.
To plant or not to plant? Gardening tips for May long weekend
May long weekend is finally here, and with the extra time off you may be getting the itch to head out to your garden and plant. However, the old debate whether you should plant now, or wait, is still ever-present.