Trial hears accused had licence suspended 3 days before fatal Ontario crash

An exigency country doc who assessed Artur Kotula 3 days earlier helium was progressive successful a treble fatal collision connected Parkside Drive 3 years agone testified helium assessed Kotula and told him helium was forbidden from driving due to the fact that of aesculapian concerns.

The grounds came arsenic portion of the Crown’s grounds astatine the unsafe driving causing decease proceedings for 27-year-old Kotula. Valdemar and Fatima Avila, who were rear-ended by Kotula’s BMW, died successful the concatenation absorption collision connected Oct. 12, 2021.

Kotula has pleaded not guilty.

On the opening time of the trial, an mishap reconstructionist testified Kotula was travelling 124 km/h conscionable two-and-a-half seconds anterior to the clang and lone enactment connected the brakes momentarily anterior to the collision. The posted velocity bounds connected Parkside Drive astatine the clip was 50 km/h.

Dr. John Sollazzo testified helium started enactment astir 6 a.m. connected Oct. 9, 2021, astatine St. Joseph’s Hospital. He was taking implicit from different doc who was moving the overnight displacement and learned during the handover astir Kotula who had travel successful by ambulance the nighttime before.

Sollazzo testified helium learned “there was an contented with imaginable suicidality and intoxication.”

Sollazzo said the overnight doc advised him to reassess Kotula erstwhile helium was sober and to determine if helium was harmless to discharge. Just earlier 10 a.m., Sollazzo said, based connected concerns of “substance maltreatment disorder,” namely alcohol, helium filled retired a Ministry of Transportation aesculapian information form. Sollazzo testified helium told Kotula helium was suspending his driver’s licence and referred him to the Rapid Access Addiction Medical Clinic, which was indispensable for Kotula to be successful bid for him to get his licence back.

The doc said helium believed Kotula was sober capable to recognize helium was incapable to thrust until being contacted by the MTO. Sollazzo besides referred to the MTO signifier successful which helium had checked a container which said “patient is alert of this report.”

Sollazzo besides wrote connected the signifier that Kotula had a past of seizures but testified that was not the crushed Kotula was losing his licence. He besides said helium did not witnesser a seizure portion Kotula was successful the ER. The doc said based connected his notes, Kotula was discharged astir 10:30 a.m.

During cross-examination, defence lawyer Justin Marchand asked however Sollazzo knew that Kotula was sober astatine the time.

“My occupation is to guarantee the diligent is harmless for discharge from the Emergency Department. That doesn’t mean I could accidental they could bash analyzable tasks. Reasonably sober is they tin walk, they tin talk, they tin person a conversation,” explained Sollazzo.

The doc said that Kotula was fixed an appraisal for his psychiatric information and said helium had to guarantee helium was not suicidal anterior to discharge. Sollazzo said helium assessed him and decided helium was not suicidal.

Marchand asked if it was imaginable that Kotula did not recognize that helium couldn’t drive. “It is possible. The exigency country is simply a chaotic environment,” Sollazzo said.

According to an agreed connection of facts work successful tribunal astatine the opening of the judge-alone trial, Kotula registered a driver’s licence suspension for aesculapian reasons erstwhile before. His licence was suspended connected March 12, 2020, and reinstated connected Jan. 15, 2021. The aesculapian crushed for the suspension was not specified.

Robert Gillman, a paramedic who was called to the scene, testified helium was tasked with managing Kotula, who was sitting connected a grassy spot conscionable disconnected Parkside Drive.

Gillman said Kotula seemed oriented astatine the time, meaning helium knew what helium was being asked. He said Kotula had nary occupation speaking, nor assemblage tremors, nor was helium convulsive. He said helium enactment him connected a modified backboard arsenic a precaution successful lawsuit helium had suffered a spinal injury. Gillman said the lone noticeable wounded was immoderate breached teeth and a tiny magnitude of humor successful his mouth.

“When I asked him astir his erstwhile aesculapian history, determination was nary mentioned,” helium added. Gillman said Kotula did not kick astir immoderate different injuries though helium noticed immoderate tenting successful the pelvic portion which could bespeak a spinal injury. Gillman said Kotula made nary notation of losing consciousness during the crash.

Gillman besides mentioned that he’d learned that Kotula was unrestrained astatine the clip of the collision. Assistant Crown lawyer Marnie Goldenberg asked wherever Gillman received that accusation from but Gillman said helium couldn’t remember.

The proceedings continues.