By Ian Holmes

Trial ends, verdict pending for man accused in fatal Cedar crash

Jul 20, 2018 | 4:44 PM

NANAIMO — The fate of a Nanaimo man accused in a fatal hit-and-run in Cedar is now in the hands of a judge.

The Honourable Justice Robin Baird announced Friday afternoon he’d have a decision in the BC Supreme Court trial of Dustin Dennis Zinter on Monday, July 23  at 10 a.m. Zinter is on trial after pleading not guilty to three charges stemming from a head-on crash on Yellow Point Rd. which killed 51-year-old Ladysmith woman Heidi Barbara Plato the night of Nov. 10, 2015. 

During final submissions, Crown prosecutor Nick Barber focused on an RCMP collision reconstruction report, which theorized Zinter’s large Dodge truck crossed the centre line and hit Plato’s smaller Toyota pickup.

“There is no debris in Mr. Zinter’s lane, there’s nothing in his lane, even his vehicle is in Ms. Plato’s lane and her vehicle is well off the side of the road in her lane,” Barber told court.

Barber also argued Zinter was drunk and using his cellphone at the time of the crash before running away from the scene. 

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He countered Zinter’s previous claim about the reconstruction report containing mistakes and miscalculations by saying Zinter failed in proving there were any flaws in the report.

Zinter, 41, who’s representing himself, told court during his final submissions the crash happened in his lane. 

He previously told court he was 98 per cent positive it was Plato who hit him. However on Friday, Zinter pegged the probability of Plato causing the crash at 89 per cent, citing the discrepancy on his dyslexia. He’d also previously told court he didn’t realize another vehicle was involved in the crash that night.

Zinter admitted to having whiskey after the crash, but said he didn’t drink beforehand and denied he’d turned down a breath sample. He also denied leaving the scene. Evidence from the Crown said Zinter was arrested several blocks away from the crash hiding under a pipe. 

“I think that I’ve given a reasonable doubt on all three counts of charges against…I felt I’ve done that to the best of my ability,” Zinter said.

Fourteen witnesses testified on behalf of the Crown, while Zinter didn’t call any.

He pleaded not guilty to dangerous driving causing death, leaving the scene of an accident and failing to provide a breath sample.

Zinter’s strange trial included the firing of high-profile lawyer Stephen Taylor after the Crown concluded its case on June 22. At different points of the trial he was represented by four different lawyers, one of whom told court Zinter couldn’t afford him and left in the middle of the proceedings. Zinter was also arrested for missing the resumption of his trial and had several adjournment applications denied.

The numerous delays made Justice Baird visibly frustrated and he yelled at Zinter numerous times.

Family and friends of Plato were also in court for much of the time and were quite distraught as well.

Ian@nanaimonewsnow.com

On Twitter: @reporterholmes