Man acquitted in case of 2021 crash that killed Vancouver toddler

A man charged with dangerous driving causing death and dangerous driving causing bodily harm, in relation to a 2021 crash that killed a toddler in downtown Vancouver, has been acquitted on both counts.

Provincial Court Judge Kathryn Denhoff acquitted Seyed Moshfeghi Zadeh after providing her oral reasons for judgment on Wednesday, according to the B.C. Prosecution Service (BCPS).

“While this is clearly not the result we were seeking, the BCPS certainly respects the Court’s decision,” said Damienne Darby, BCPS communications counsel. “We will carefully review the reasons for judgment to determine whether there is a principled basis for an appeal.”

In July, 2021, shortly after the crash, Vancouver police arrested Moshfeghi Zadeh, then 29, saying that a black Ford Escape collided with a black McLaren sports car at the intersection of Smithe and Hornby streets. 

One of the vehicles mounted the sidewalk and struck a 31-year-old man who was carrying his 23-month-old daughter, police said. The girl died instantly at the scene and the injured man was taken to hospital.

A toddler sucking a soother plays in a playground with wood chips on the ground. She is wearing a pink toque and pink sweater and is smiling.
Ocean Oshi Noelle H. was killed when she was hit by a car that jumped the sidewalk following a collision in downtown Vancouver on July 6, 2021. (Star J.)

Driving record inadmissible 

B.C.’s Court Services Online system shows that Moshfegi Zadeh has a long list of driving-related infractions dating back to 2014.

Prior to the deadly crash, they include multiple instances of speeding, disobeying traffic control device, failure as a new driver to display the letter “N” and others.

Darby explained on Wednesday that driving records of the accused are not admissible during a trial in most cases. She said that if a person is convicted of an offence, their driving record becomes relevant and admissible at the sentencing hearing.
 

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Posted in CBC