Quebec motorist on trial in two deaths amid allegations she was helping
ducks

 <http://www.thecanadianpress.com/> Description: The Canadian PressBy
Sidhartha Banerjee, The Canadian Press | The Canadian Press

MONTREAL - A young driver's decision to stop her car on a highway to help a
family of ducks dramatically changed the lives of an entire Quebec family, a
jury trial in Montreal heard Tuesday.

It should have been a quick 20-minute motorcycle ride home for Pauline
Volikakis and her family to cap what had been a glorious summer day in 2010.

Instead, Volikakis fought back tears as she described how the lives of Andre
Roy, her husband of 20 years, and her only child, Jessie, ended so suddenly.

Emma Czornobaj has pleaded not guilty to two counts each of criminal
negligence causing death and dangerous driving causing the deaths of Roy,
50, and their 16-year-old daughter.

On the first day of Czornobaj's trial, Crown prosecutors suggested her
decision to come to a full stop to help a family of ducks triggered an
accident that left the father and daughter dead.

The Crown said in its opening statement that Czornobaj wasn't physically in
her car and that the vehicle was stopped, with the engine running and
without any emergency lights, in the left lane of Highway 30, south of
Montreal.

Prosecutor Annie-Claude Chasse said witness and police testimony will show
the accused was on a narrow shoulder patch next to the passing lane, tending
to a family of ducks on the roadway.

"Would a reasonable and prudent person, in the same circumstances as was the
accused, have done the same?" Chasse asked the jury. "Would that reasonable
and prudent person have stopped their car, on a busy highway, in order to
save some ducks?"

It was a nice, relaxed Sunday and Volikakis said ice cream was to be on the
menu when they arrived home. Roy was driving and his daughter was riding
pillion on his Harley-Davidson motorcycle, while Volikakis rode her own
motorcycle behind them.

The tragedy occurred suddenly.

Volikakis testified she saw a woman walking dangerously along the narrow
shoulder on the side of the highway. She also saw a car at a standstill in
the passing lane.

"I wondered what she was doing there, it was not the place to be," Volikakis
said.

She testified that Roy gestured to the accused as if to warn her it was
dangerous for her to be there. Seconds later, his bike slammed into the
stationary car, sending both of the occupants in the motorcycle flying.

They were later declared dead in hospital.

Charges against Czornobaj, who is now 25, were laid more than a year later.
While the maximum sentences are unlikely, criminal negligence causing death
carries a maximum term of life imprisonment, while the charge of dangerous
driving causing death comes with a maximum of 14 years in jail. Czornobaj
has no previous record.

Earlier on Tuesday, eyewitness Martine Tessier testified she was driving
along the same stretch of highway on June 27, 2010. The weather was nice,
the sun was setting and the road conditions were excellent.

Tessier said she was driving at about 110 km/h when she saw a woman along
the side of the road seemingly trying to shoo along a family of ducks.

"I shouted to my kids (in the car) 'What is she doing there? She's going to
get killed," Tessier told the jury.

She testified that, moments later, she was staring down a car, completely
stopped with no hazard lights on, with the door open on the driver's side.

"It was close enough that I knew I didn't have time to brake," Tessier said.
Instead, she swerved to get around the car. Then she looked back in her
rear-view mirror and saw something else hit the vehicle.

"I saw a body go over the car, it was like a rag doll," Tessier said. "I
shouted to my daughter to call 911 with my cellphone."

The jury is composed of 10 men and two women, while three weeks have been
set aside for the trial.

Proceedings continue Wednesday.

 

EM

On the 49th Parallel          

 

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