Man fined, banned from driving in relation to deadly crash

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This article was published 02/06/2020 (1421 days ago), so information in it may no longer be current.

A Winnipeg man found not criminally responsible for the death of a female passenger after he got behind the wheel drunk and was involved in a two-vehicle collision has been fined $2,500 and prohibited from driving for two years.

Sampath Wijewardena, 33, was found not guilty of impaired driving causing death and other charges following a trial last year and was instead convicted of a single count of impaired driving.

Rachel Okimaw, 34, died Feb. 11, 2018, on Dublin Avenue near Notre Dame Avenue, after the car Wijewardena was driving veered into the oncoming lane and collided head-on with another vehicle.

“The facts we heard (at trial) gave rise to the death of Ms. Okimaw and that is certainly not lost on this court in any way, shape or form,” provincial court Judge Keith Eyrikson said Wednesday.

“However, importantly, it is not lost on (court) the fact that Mr. Wijewardena was not convicted in any way, shape or form of being complicit in that death,” Eyrikson said.

Wijewardena admitted to drinking and smoking marijuana at a friend’s home earlier that evening, but argued his intoxication played no role in the crash. Police estimated his blood-alcohol level at the time of the collision was as high as 0.15, approaching twice the legal limit for driving.

At trial, Wijewardena testified he met Okimaw for the first time when he picked her up at the intersection of Furby Street and Sargent Avenue. During the drive, a dispute arose and Wijewardena decided to return her to where he’d picked her up.

Okimaw, Wijewardena alleged, started smoking crack and searching the car for cigarettes.

When Wijewardena tried to stop her, he said Okimaw became “agitated and aggressive,” ducked under the dashboard and pushed her hand down on Wijewardena’s foot over the gas pedal, causing the vehicle to accelerate.

Okimaw grabbed the steering wheel, sending the vehicle veering into the oncoming lane, Wijewardena testified.

In reaching his verdict last February, Eyrikson said he had problems with much of Wijewardena’s testimony, but could not say events didn’t unfold the way he testified they did.

“While his evidence was far from perfect… I am left with a doubt, and it is large enough to be a reasonable doubt,” Eyrikson said.

“I remain suspicious of the evidence of the accused. I would even go so far to say he is likely guilty of the offences giving rise to the death of Ms. Okimaw. However, suspicions and finding him likely guilty are not enough.”

dean.pritchard@freepress.mb.ca