Video evidence and the Smart Serve manual were extensively reviewed in court today as part of the trial against a former bartender from Calabogie.
The crown is trying to prove that Ann Senack of Greater Madawaska served five underage hockey players from Renfrew past the point of intoxication before four of them drove off together and got into a serious crash killing two and seriously injuring two others. The events in question took place the night of Wednesday October 26th, 2017 into October 27th of 2017.
New video evidence that included clips from one of the victims cell phones was shown in court. Short clips could be seen of the young men drinking, dancing, taking shots and howling while at the bar. A time stamped video clip showed two of the young men, including the driver of the vehicle involved in the serious collision, chugging what was left of a pitcher at the bar only five minutes before they left Shooters Bar & Grill in Calabogie and headed back towards Renfrew.
The OPP says the car driven by Brandon Hanniman crashed along Calabogie Road shortly before Burnstown. The driver was pronounced dead at the scene and one of the passengers Alex Paquette died later in hospital. Two others sustained serious injuries as three of the four young men were ejected from the vehicle.
An Algonquin College professor, former bartender, nightclub manager and Smart Serve instructor testified today in regards to safely and responsibly serving alcohol.
Enrico DeFrancesco was walked through the Smart Serve manual by the crown. DeFrancesco talked about not serving customers to the point of intoxication and how servers are legally responsible for intoxicated guests until they become sober again. He also highlighted three key areas that are taught as part of the Smart Serve course. DeFrancesco said Smart Serve has a large focus on counting drinks.
A few examples from the manual on how to count drinks were presented to the court. One example highlighted how a 175 pound man who was served five drinks in two hours would have a blood alcohol concentration of .09 (which would result in an impaired driving charge).
DeFrancesco said counting drinks works easier in a sit-down style of restaurant where it’s not as busy like a night club. It was a quiet night at Shooters Bar & Grill with no more than 10 guests at any given time (including the five young men who were allegedly served past the point of intoxication).
Other tips from the Smart Serve manual that were highlighted included looking for signs of intoxication and the chat and check method. DeFrancesco said the chat and check method is a good way to determine if guests had been drinking before arriving at the establishment and to figure out plans for a ride home.
The Smart Serve manual does talk about how to safely get intoxicated customers home. DeFrancesco noted that servers are supposed to convince patrons not to drive. Some options for servers include asking a sober family member or friend to drive, calling a friend or family member to come, calling a cab and if the customers refuse all attempts and insist on driving the police should be called.
The camera from inside Shooters Bar & Grill does not capture audio so it’s not possible to tell if Ms. Senack offered to pay for a cab for the young men, told them not to drive or what was said. What is clear on the video is that no physical attempts were made to stop the individuals from leaving the bar. A brief conversation from behind the bar was had with Senack and the four young men as they were walking out the door.
Court will resume tomorrow morning when the defense team will cross examine Mr. DeFrancesco on evidence presented in court.
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