A Surrey provincial court judge has denied a motion to stay charges against Carol Berner, the woman accused of drunk driving in the crash that killed four-year-old Alexa Middelaer in 2008.
Berner's lawyer David Tarnow argued the Delta police were negligent for disposing of the car involved in the crash before mechanics for the defence team had a chance to examine it.
Tarnow asked for a stay of charges on Tuesday, saying his team could not make a full case. Judge Peder Gulbranson refused the motion on Wednesday afternoon.
Crown lawyers have already 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.
The Delta police traffic analyst who issued a core report after the accident is too ill to attend court, however.
Middelaer was struck and killed by Berner's red Oldsmobile while standing with her aunt by the side of a quiet Delta road.
After a lengthy investigation involving an undercover RCMP sting, Berner was charged with four counts, including impaired driving causing death and dangerous driving causing death.
