Evidence tossed ahead of drunk-driving trial for crash that killed Lewisporte couple
A provincial court judge has ordered the exclusion of several pieces of evidence from a drunk-driving case that killed a Lewisporte couple in 2019.
Judge Mark Linehan, a provincial court judge in Gander, ruled Tuesday that some physical evidence, as well as some notes made by police on the night of a crash, could not be used by the Crown in making its case at trial.
The reasons given for that decision — as well as specifics about the evidence — are covered by an automatic publication ban. However, the judge's decision means he was satisfied that Nicholas Villeneuve's charter rights were violated, and that inclusion of the evidence would "bring the administration of justice into disrepute."
Villeneuve, 22, is facing eight charges: four related to dangerous driving and four related to impaired driving.
Police allege Villeneuve was driving a pickup truck that collided with an SUV on the Trans-Canada Highway at about 4 a.m. in July 2019, just west of Gander.
A couple from Lewisporte, John and Sandra Lush, were killed in the crash.
Their daughter and her boyfriend were brought to hospital with serious injuries but survived.
At the time of the collision, police said one of the vehicles caught fire.
Villeneuve's lawyer Rosellen Sullivan told the court Tuesday that she intends to make a further application regarding evidence ahead of the beginning of the trial.
The case is expected to return to court in February.
