Alleged impaired driver in mid Island fatal crash unsuccessfully argues against blood sample warrant

The driver of the truck, Gereth Rees, died before emergency responders could get there.

He was a retired RCMP officer, with nearly three decades of service in Saskatchewan.

A second oncoming vehicle travelling in the slow lane was also hit.

Hainsworth formally challenged an Information to Obtain a Search Warrant (ITO) crafted by a BC Highway Patrol RCMP investigator tasked to the scene.

The officer’s observation was that the offending motorist had not braked before the crash and that the point of impact was well within the westbound fast lane.

Citing the ITO report, B.C. Supreme Court Justice Robin Baird noted driving conditions at the time were ideal.

Two paramedics who treated Hainsworth on scene formed the joint belief that she was “grossly impaired by drugs.”

While reported to be in a disoriented state with slurred speech, Hainsworth disclosed on scene that she took a 150-milligram daily dose of morphine.

She was given a small amount of fentanyl for pain management after those opinions were formed, referenced by justice Baird during his Wednesday, Aug. 7 decision.

A third paramedic on the chopper ride with Hainsworth en route to Victoria General Hospital suspected that while Hainsworth might be impaired by narcotics, a possible head injury in the crash may have played a role in her presentation.

“The fact that some of Ms. Hainsworth’s impairment symptoms might be attributed to a collision-related injury was properly and fairly disclosed, but as I’ve said this possibility does not cancel out other reasonable probabilities arising logically from all of the facts in the ITO,” justice Baird said.

During the ruling, court heard that a trailing motorist reported the driver who caused the crash veered into the oncoming lanes for no apparent reason.

“I bear in mind that a search warrant is merely an investigative tool. Facts relied upon in an ITO do not have to be proved or corroborated, only shown to be reasonably reliable,” justice Baird said.

Hainsworth, attending the hearing while in custody, became visibly distraught when it became clear her application was destined for failure.

Hainsworth is charged with one count of impaired driving causing death and two counts of impaired driving causing bodily harm.

She’s represented by defence attorney Bobby Movassaghi.

None of the allegations stated in this article have been proven in court.

Hainsworth has not yet entered pleas to the charges against her and dates have not been established for her supreme court trial.

Belinda Hainsworth lobbied to have a blood sample warrant against her wiped out. (Facebook)

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Ian.holmes@pattisonmedia.com

On Twitter: @reporterholmes

by Ian Holmes

Alleged impaired driver in mid Island fatal crash unsuccessfully argues against blood sample warrant

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