The death of a cyclist caught crossing a boulevard in Longueuil in 2020 would have been the result of an “egregious” accident, argues a man charged with illegal overtaking.
“This is a stupid and unfortunate accident that, despite everything, is not criminal,” said Mohammad Ali Mahmoodi’s lawyer, Me Mario Lavigne, on Thursday in the Longueuil courthouse.
The 63-year-old is accused of dangerous negligence and negligence resulting in death.
On July 23, 2020, the defendant was driving his Mercedes E400 on Jacques-Cartier Boulevard West when he fatally hit a cyclist.
Photo QMI Agency, Erik Peters
René Tremblay, 52, had just been passed over by motorists at a pedestrian crossing.
According to the defense theory, Mahmoodi changed lanes just before the crosswalk to overtake two vehicles on the right that were stopped in the left lane “for some reason”.
“If he had looked ahead he might have seen René Tremblay, but he looked in his mirror to change lanes. So he couldn’t see the cyclist,” explained Me Lavigne.
speed
When he grabbed the cyclist, the accused was traveling at a “reasonable” speed, i.e. 35 km/h, the defense argues, also citing calculations by an accident site expert.
“All the witnesses say they never saw the Mercedes before it accelerated [pour effectuer le dépassement]. It can be assumed that she drove like a careful and diligent person. She never zigzagged from one person to another,” Me Lavigne said.
According to statements by motorists who were at the scene of the accident at the time of the accident, the accused was traveling at around 70 km/h and had “overtaken aggressively”.
“Mr. Mahmoodi made a conscious choice to drive his vehicle recklessly. Had he not chosen to drive his vehicle in a most reprehensible manner, Mr. Tremblay would be alive today,” said Crown Prosecutor Me Marie-Soleil Leclerc.
Courtesy of Lajeunesse Fortin Cenac Funeral Home
René Tremblay was fatally wounded in Longueuil on July 23, 2020.
The accused did not testify in court in his defense.
drug in the blood
The defense attorney blamed the cyclist for having trace levels of methamphetamine in his blood at the time of his death, which could have altered his behavior. According to Me Lavigne, this would have made him “the architect of his own misfortune”.
For the crown, however, it was a therapeutic dose that didn’t affect his behavior.
In addition, towards the end of the trial, the defense attorney attempted to file a motion for a stay of the trial before the hearing began.
Judge Dominique Dudemaine has postponed this debate as he fears he does not currently have jurisdiction to deal with the matter.
He is expected to announce a verdict at a later date.
– With Valerie Gonthier
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