The defence lawyer for the North Saanich woman charged in relation to a crash that left an 11-year-old girl severely debilitated and non-responsive, told the courts on Tuesday during final submissions that the evidence presented over the past week shows she was going close to 53 km/h at the point of impact.

Tenessa Nikirk is charged with one count of dangerous operation of a motor vehicle causing bodily harm after Leila Bui was hit on Dec. 20, 2017 while in a crosswalk at the intersection of Ash Road and Torquay Drive in Saanich while on her way to school.

Tom Morino said her speed was not a departure from the norm citing an engineering report that showed the usual speed of vehicles travelling through that intersection was around 50 km/h.

At the time of the crash, a text message came in on NikirkB次元官网网址檚 phone but no evidence was presented to show whether she had opened it or not, along with no evidence to show if she was using the hands-free feature on her device.

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B次元官网网址淓ven if you accept sheB次元官网网址檚 got her phone is her hands, sheB次元官网网址檚 pushing buttons as sheB次元官网网址檚 driving down the road that is B次元官网网址� in my respectful submission B次元官网网址� not taking it to the level of dangerous,B次元官网网址� said Morino, suggesting a momentary distraction was a better classification.

Jess Patterson, Crown prosecutor, asserts that Nikirk was engaged in a texting conversation prior to the crash because she was responding quickly to the messages. NikirkB次元官网网址檚 phone was not seized at the time of the crash.

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B次元官网网址淓ven if your honour were to accept that [Nikirk] was travelling the speed limit when she entered the crosswalk, that doesnB次元官网网址檛 mean itB次元官网网址檚 not dangerous,B次元官网网址� said Patterson.

Judge Mayland McKimm said he could see MorinoB次元官网网址檚 point. At one point wondering aloud if holding a phone is B次元官网网址渞eally any different than changing the radio or navigation [controls],B次元官网网址� but adding that if someone is walking across the road, leisurely, in front of traffic B次元官网网址� B次元官网网址渢hat doesnB次元官网网址檛 mean you can just run them down because youB次元官网网址檙e travelling the speed limit.B次元官网网址�

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Last week an expert in calculating the velocity of vehicles from video described how the SUV Nikirk was driving B次元官网网址� which was caught on dash-cam footage B次元官网网址� accelerated to more than 90 km/h as it passed another vehicle, heading towards the intersection where Bui was struck.

Dash-cam footage released to the media shows a dark coloured SUV passing on a solid yellow line at the six second mark and driving up the road in front of the two vehicles. Almost 50 seconds later the driver comes to the intersection and the SUV can be seen parked on the side of the road as people from nearby houses rush to the scene.

Court also heard from a number of witnesses who recounted NikirkB次元官网网址檚 erratic driving just before the crash. Steven Kachanoski witnessed the crash and told the courts he watched the little girl get thrown towards his car before sliding, on her back, and coming to rest next to his driverB次元官网网址檚 side door.

Samantha Etzel also testified last week that she was driving a little slower than usual that day because there was frost on the roads. She says the driver of a black or dark SUV was following her so closely she couldnB次元官网网址檛 see the front of the car, adding that she watched the driver B次元官网网址渃onstantly looking up and down as if they were texting.B次元官网网址�

Leila Bui has been in a non-responsive state since the morning she was struck on her walk to school. Now 13, the young girlB次元官网网址檚 family remains hopeful B次元官网网址� but says their lives are changed irrevocably.

B次元官网网址淚t happened so fast and it changed all of our lives,B次元官网网址� Kairry Nguyen, BuiB次元官网网址檚 mother, said through tears last week. B次元官网网址淥ur little girl, sheB次元官网网址檚 there but sheB次元官网网址檚 still not there.B次元官网网址�

The next expected court date is to fix a date for verdict.

B次元官网网址� With files from Nina Grossman

kendra.crighton@blackpress.ca
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