Boat had lights on when it was hit by vessel operated by Linda O'Leary, witness says
A boat carrying a group of stargazers on a central Ontario lake had its lights on when it was struck by another boat captained by Linda O'Leary nearly two years ago, court heard Tuesday from a witness who was also charged in the crash.
Richard Ruh told an Ontario court the boat he was aboard had its navigation lights -- a white overhead light and two green and red lights on the bow -- on at the time of the late-night crash that killed two people.
He said the boat's control panel, which also provides some light, was on as well.
Whether the boat, a 16-seat Nautique, had its lights on has been a point of contention in the case.
Court has viewed security footage of the lake that night, but when asked Tuesday if the clips showed the lights were on, Ruh pointed instead to his own recollection.
"I know that I was on the boat, and the lights were on on my boat," he said.
During cross-examination, however, a lawyer for the defence asked Ruh if he was aware that a police expert's report on the collision came to the conclusion that it occurred because the Nautique did not have the appropriate lights on. The doctor said he was not familiar with the report or its contents.
Linda O'Leary leaves a Parry Sound courthouse on Tues. June 15, 2021 (Mike Arsalides/CTV News)
Court has heard Ruh had taken over operating the boat that belonged to his friend Irv Edwards while they went out stargazing on Lake Joseph with a group on Aug. 24, 2019. The outing was meant to cap off a dinner party hosted by Edwards, court heard.
Ruh, a family doctor who lives in Buffalo, N.Y., but rents a cottage near the lake, said the craft had been still for some time and had its engine off when he saw lights from an oncoming boat.
"I can remember thinking to myself, 'it's coming,"' he testified, noting the other boat appeared to be moving fast.
Seconds later, he said, their boat was struck by another vessel -- a crash that caused the deaths of Gary Poltash, 64, from Florida, and Suzana Brito, 48, from Uxbridge, Ont. Three people were also injured.
O'Leary, who is the wife of celebrity businessman and politician Kevin O'Leary, has pleaded not guilty to a charge of careless operation of a vessel under the Canada Shipping Act.
An agreed statement of facts read in court Monday said she was at the helm when the collision took place. Her husband was also aboard.
The Public Prosecution Service of Canada initially said a conviction could involve a jail sentence and a maximum fine of a million dollars, but later said there was no jail time associated with the charge and the maximum fine is $10,000.
Ruh was also charged with one count of failing to exhibit a navigation light while underway.
He told the court Tuesday he was issued a ticket, which he said he contested for more than a year before paying the $125 fine and signing an attestation of "neither innocence nor guilt."
The doctor said he is also named as a defendant in six lawsuits related to the collision.
In his testimony Tuesday, he recalled scanning the boat to see if anyone was hurt in the aftermath of the crash.
Tearing up at moments, Ruh described seeing Poltash with a "deadly skull fracture" and Brito with blood on her lips. Both had been at the front of the boat, court has heard.
Linda O'Leary and Kevin O'Leary arrive at the American Music Awards at the Microsoft Theater in Los Angeles. (THE CANADIAN PRESS/AP, Jordan Strauss/Invision)
The doctor said he administered mouth-to-mouth to Brito and continued to do so as the boat headed back towards the marina. There were a few moments where she managed to breathe on her own, but she quickly needed aid again, he said.
Poltash died when they arrived on shore, while Brito was taken to hospital by ambulance, he said. She died a few days later.
Kevin O'Leary, the former star of the popular CBC show "Dragons' Den," also stars in the ABC show "Shark Tank." He briefly sought the leadership of the federal Conservatives in 2017.
This report by The Canadian Press was first published June 15, 2021.
CTVNews.ca Top Stories
BREAKING Israel attacks Iran, Reuters sources say; drones reported over Isfahan
Israel has attacked Iran, three people familiar with the matter told Reuters, as Iranian state media reported early on Friday that its forces had destroyed drones, days after Iran launched a retaliatory drone strike on Israel.
American millionaire Jonathan Lehrer denied bail after being charged with killing Canadian couple
American millionaire Jonathan Lehrer, one of two men charged in the killings of a Canadian couple in Dominica, has been denied bail.
Nearly half of China's major cities are sinking, researchers say
Nearly half of China's major cities are suffering 'moderate to severe' levels of subsidence, putting millions at risk of flooding especially as sea levels rise.
Prince Harry formally confirms he is now a U.S. resident
Prince Harry, the son of King Charles III and fifth in line to the British throne, has formally confirmed he is now a U.S. resident.
Judge says 'no evidence fully supports' murder case against Umar Zameer as jury starts deliberations
The judge presiding over the trial of a man accused of fatally running over a Toronto police officer is telling jurors the possible verdicts they may reach based on the evidence in the case.
Health Canada to change sperm donor screening rules for men who have sex with men
Health Canada will change its longstanding policy restricting gay and bisexual men from donating to sperm banks in Canada, CTV News has learned. The federal health agency has adopted a revised directive removing the ban on gay, bisexual and other men who have sex with men, effective May 8.
Colin Jost names one celebrity who is great at hosting 'Saturday Night Live'
Colin Jost, who co-anchors Saturday Night Live's 'Weekend Update,' revealed who he thinks is one of the best hosts on the show.
Sports columnist apologizes for 'oafish' comments directed at Caitlin Clark. The controversy isn't over
A male columnist has apologized for a cringeworthy moment during former University of Iowa superstar and college basketball's highest scorer Caitlin Clark's first news conference as an Indiana Fever player.
'Shopaholic' author Sophie Kinsella reveals brain cancer diagnosis
Sophie Kinsella, the best-selling author behind the 'Shopaholic' book series, has revealed that she is receiving treatment for brain cancer.