Canadian driver acquitted of involuntary homicide of his wife

Lack of evidence, conflicting proof and a heavily contaminated crime scene resulted in the acquittal of Jean Guy Legrand, a 69-year-old Canadian national involved in a fatal traffic accident in Mdina three years ago, following which his wife lost her life.

The incident happened at around 12:15pm on 16 July 2011, at Triq l-Infetti, Mdina. The accused, with his wife as passenger, were driving a Chevrolet Kalos down Infetti Road towards Mosta.

Another motorist, Clayton Fenech, was driving his BMW Z3 from the opposite direction. As the BMW approached the last bend in the road, the vehicles were involved in a violent impact, both on the drivers' side.

The Chevrolet rebounded into a Toyota vehicle driving behind. All three cars suffered considerable damage. The occupants inside the BMW escaped unhurt, however the accused and his wife suffered serious injuries and she lost her life two months later.  

Legrand was charged with the involuntary homicide of his wife Renee Pelland and involuntary damages to the vehicles involved in the collision through negligent and reckless driving.

From the outset, the case was peppered with conflicting evidence regarding the dynamics of the incident. While there was no doubt that the cause of the fatality was a head-on collision, no evidence indicating the exact spot of impact was put forward.

The police officer investigating the scene did not prepare the sketch immediately nor was the road closed to traffic. Evidence at the scene of crime was subsequently heavily tampered with because of passing cars and sand thrown on the street by Civil Protection personnel due to a sizeable oil slick. An inquiry was only ordered after Pelland's condition was certified as critical.

The court's traffic expert Mario Buttigieg concluded that he did not find the accused at fault and responsible for the incident. "The impact occurred when the BMW invaded the carriageway of the Chevrolet at high speed. The BMW was going so fast that the other vehicle was pushed back and spun around and hit another car, while BMW only stopped after it hit a wall," he said.

Injured party Clayton Fenech, who is also a lawyer, contested the court expert's report, claiming that Buttigieg was in collusion with Gasan Mamo insurance, which is the insurance company for the car driven by the accused. "He had previously informed me that Legrand was at fault, so I do not understand his change of heart," he said.

The court expert denied the allegations and confirmed under oath that he was not aware that the Chevrolet was insured by Gasan Mamo. The court ruled there was nothing to censure about the report and that the conclusions reached by Buttigieg were nothing "but the application of common sense to the dynamics of an incident."

The accused testified that as he turned the bend, he was faced with the BMW coming at high speed in his carriageway. This was confirmed by the driver of the Toyota who argued that the Chevrolet had never changed lanes.

The court said that lack of evidence and conflicting proof could not but benefit the accused, who could not be found guilty if there was even the slightest doubt. "The natural consequence of driving at high speed in a road full of bends is that the driver cannot fully control the vehicle and necessarily drives at an angle rather than round a bend, trespassing into the other carriageway," the Magistrate said.

Magistrate Edwina Grima ruled that the findings of the court expert were safe and satisfactory, meaning that there was no evidence suggesting that the accused was driving on the wrong side of the road. "This leaves no doubt in the mind of the court that the accused was driving diligently, with moderate speed and on his side of the road, and could never be held responsible for the collision," the Magistrate said. Consequently the court acquitted Jean Guy Legrand of all charges.

Lawyers Stefano Filletti and Jennifer Shaw appeared for Legrand.