Closing statements have been made in the retrial of a Pembroke man charged with dangerous operation of a motor vehicle causing death. Martial Laverdure was previously sentenced to 22 months in jail after he struck and killed former soldier Ernie Hall on January 11th, 2015. Hall was leaving a Pembroke Lumber Kings game when he was hit by the SUV driven by Laverdure. The case is being retried because of an error the previous judge made when analyzing evidence. The retrial wrapped up on Thursday afternoon at the Pembroke courthouse.
The Crown is trying to prove that it was in fact dangerous driving that led to the death of Mr. Hall. The victim was roughly 10 feet away from his truck near the centre of the road in the west bound lane when he was hit. The speed that Laverdure was travelling when the collision occurred is in question, but it’s estimated to be between 50 and 60 kilometers per hour. Earlier in the week, an expert witnesses testified that the vehicle driven by Laverdure had no issues with the brakes or steering and he noted there was a small exhaust leak which explained the loud noise.
Defense lawyer Jodie Primeau argued that the lighting was well below what’s necessary for high pedestrian traffic areas. Court also heard that the victim was wearing all black, making him harder to see. It was also noted that pedestrians were not using the marked crosswalks in the area and in a rush to get back to their vehicles. Primeau says it was a tragic night and adds Laverdure has also been traumatized by the incident. Justice Doyle is expected to have an answer on this case on Wednesday August 28th.
