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Motorcycle not a dangerous weapon: judge
WebPosted Nov 19 2004 10:29 AM AST
SAINT JOHN — Saint John police have been ordered to return a motorcycle seized after a fatal highway crash that killed a father of three.
Bike owner Craig Duguay smiled and gave two thumbs up when the judge ruled that police should return his motorcycle.
Police seized the bike after Duguay's friend, Ryan Ellis, was convicted of dangerous driving causing death.
From May 5, 2004: Stunt rider gets two years for thruway death
On July 10, 2003, Ellis was driving his sport motorcycle on the Saint John thruway, when he clipped another motorcycle from behind.
That rider, 42-year-old Lee Barton, was thrown 70 metres before he hit a guard rail and was killed instantly. Barton was a painter by trade, and father to three children.
Witnesses testified in court that Ellis had been daredevil riding with a friend for a 9-kilometre stretch of city streets and highways.
Police say the accident proves the bike, a souped-up Suzuki GSXR 1000, is too dangerous for public roads.
From May 28, 2004: Bike too dangerous for public roads: police
Judge William McCarroll says the Crown failed to prove that Duguay knew his friend would drive recklessly when he lent him the bike.
Defence Lawyer David Kelly was pleased with the outcome. He says police based their entire case on circumstantial evidence. "He had no knowledge whatsoever in the evidence that came out in court that this horrific accident, that took the life of some poor fellow, would ever take place."
Crown lawyers showed two videotapes in court. One was a police interview with Duguay, who admitted that on one occasion, he had ridden the bike at more than 300 km per/hour on the highway. The other videotape was taken from a website that shows Duguay and other local riders doing stunts on public roads.
Kelly says that kind of behaviour disgusts him, but says police should focus on preventing crashes before they happen. "I think the police should become more proactive with this and if the guys are setting up shop, and driving at 320 kilometres, then set up a sting operation."
Despite what police showed on video, they admit they have never caught Duguay doing any speeding or stunt riding.
The article
WebPosted Nov 19 2004 10:29 AM AST
SAINT JOHN — Saint John police have been ordered to return a motorcycle seized after a fatal highway crash that killed a father of three.
Bike owner Craig Duguay smiled and gave two thumbs up when the judge ruled that police should return his motorcycle.
Police seized the bike after Duguay's friend, Ryan Ellis, was convicted of dangerous driving causing death.
From May 5, 2004: Stunt rider gets two years for thruway death
On July 10, 2003, Ellis was driving his sport motorcycle on the Saint John thruway, when he clipped another motorcycle from behind.
That rider, 42-year-old Lee Barton, was thrown 70 metres before he hit a guard rail and was killed instantly. Barton was a painter by trade, and father to three children.
Witnesses testified in court that Ellis had been daredevil riding with a friend for a 9-kilometre stretch of city streets and highways.
Police say the accident proves the bike, a souped-up Suzuki GSXR 1000, is too dangerous for public roads.
From May 28, 2004: Bike too dangerous for public roads: police
Judge William McCarroll says the Crown failed to prove that Duguay knew his friend would drive recklessly when he lent him the bike.
Defence Lawyer David Kelly was pleased with the outcome. He says police based their entire case on circumstantial evidence. "He had no knowledge whatsoever in the evidence that came out in court that this horrific accident, that took the life of some poor fellow, would ever take place."
Crown lawyers showed two videotapes in court. One was a police interview with Duguay, who admitted that on one occasion, he had ridden the bike at more than 300 km per/hour on the highway. The other videotape was taken from a website that shows Duguay and other local riders doing stunts on public roads.
Kelly says that kind of behaviour disgusts him, but says police should focus on preventing crashes before they happen. "I think the police should become more proactive with this and if the guys are setting up shop, and driving at 320 kilometres, then set up a sting operation."
Despite what police showed on video, they admit they have never caught Duguay doing any speeding or stunt riding.
The article
