TEST

The man accused of fatally injuring a Comox Valley cyclist was found not guilty Friday on both charges of dangerous driving causing death and failure to stop at an accident causing bodily harm.

Timothy Prad, 56, pleaded not guilty to both charges in the incident which Fanny Bay resident Paul Bally was struck by a southbound vehicle driven by Prad on Highway 19A near Curran Road in December 2014.

During the trial, defence lawyer Doug Marion explained his client91裸聊视频檚 91裸聊视频減ost-accident behaviour is consistent with innocence.91裸聊视频�

Marion spoke to Prad91裸聊视频檚 credibility and that he had a reasonable basis to believe what he hit that evening was a deer.

Crown attorney John Boccabella told court to consider Prad91裸聊视频檚 inconsistencies with evidence the crown presented both on the stand, as well as in a police interrogation video.

Boccabella argued that Prad was subjecting himself to willful blindness - a term used in criminal law to refer to the acts of a person who intentionally fails to be informed about matters that would make the person criminally liable.

Provincial court Judge Peter Doherty resided over the eight-day trial which took place late last year, and delivered the two-and-a-half hour verdict.

He told a standing-room only courtroom that Prad91裸聊视频檚 friend Cindy Perry provided 91裸聊视频渟ome of the most significant civilian evidence during the trial,91裸聊视频� and her statement that there was no doubt in her mind that Prad was sober on the evening of Dec. 15, 2014, was significant.

He noted Prad91裸聊视频檚 91裸聊视频渁damant assertion91裸聊视频� throughout the trial that he thought he hit a deer.

91裸聊视频淚t is important to understand the difference between Mr. Prad91裸聊视频檚 dawning realization that he was the cause of the death of another human being and feeling overwhelming guilt about that, and mistaking it as proof that he was aware that he hit a cyclist and not a deer and that he left that cyclist in the ditch on the side of the road fleeing to escape criminal responsibility.91裸聊视频�

Doherty also explained that in no way, is he victim-blaming as a result of the comments made in his judgement about Bally91裸聊视频檚 visibility.

91裸聊视频淚n my view, Mr. Bally took adequate precautions to be seen and he ought to have be seen with anyone driving with proper due care and precaution.91裸聊视频�

He concluded that neither speed nor alcohol were factors in the case, and that Prad 91裸聊视频渟aid he simply did not see Mr. Bally.91裸聊视频�

Rather, Doherty said, Prad91裸聊视频檚 failure to observe the cyclist may have been caused by a brief glance past him for a few seconds.

91裸聊视频淚n considering all of the other conditions on the road 91裸聊视频� in my view, his driving does not amount to dangerous driving as defined in the criminal code.91裸聊视频�

He noted, however, that Prad91裸聊视频檚 conduct would likely amount to driving without due care and attention under the provincial motor vehicle act, but that section of the act is a statutory act, and does not charge nor is a lesser included offence within the dangerous driving act that he could consider.

As for the charge of failure to stop at an accident causing bodily harm, Doherty explained he was satisfied that Prad did stop, got out of his vehicle, listened for a noise in the ditch, and looked around, to his best ability without any supplemental illumination.

91裸聊视频淢r. Prad did not know that he hit Mr. Bally, nor is there any reason to suspect. I am not persuaded by leaving the scene of the accident he did so with the intent to escape criminal and civil liability.91裸聊视频�

Outside the courthouse, Marion told media he thought it was the right decision.

91裸聊视频淚 think that the deceased in this case did everything he could to ensure that he operated a safe (bicycle) and he was visible. If you91裸聊视频檝e driven that roadway, driving it in poor weather conditions is perhaps not advisable. No matter what steps he took, there is always the danger that someone simply wouldn91裸聊视频檛 see him,91裸聊视频� he explained.

91裸聊视频淎nd that91裸聊视频檚 what happened here - it was an accident.91裸聊视频�

Neither Prad, nor members of the Bally family, spoke to media after the verdict.