Family of Ontario teen killed in crash demands justice after case thrown out over missing signature

Milo Yekmalian is seen in this undated image. (Supplied)

“Your honour? That’s what my son’s life is worth, a signature…the guy gets away with killing my son…for a signature. Really?”

That’s what an Ontario court heard last month from the father of 18-year-old Milo Yekmalian when the case against a Toronto driver charged in his son’s death was thrown out over a clerical error.

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Alen Yekmalian said he and his wife were driving back from Orangeville, Ont. on May 17, 2022, when they saw the site of a collision about 700 metres away from their Caledon home.

“As my wife and I approached across the intersection, we saw a vehicle that looked exactly like Milo’s,” Alen told NEWSTALK 1010’s Moore in the Morning on Friday.

“And at that point, it became anarchy. We jumped out of the car, my wife was screaming out his name. She knew it was him right away…it was chaos.”

Alen said Milo, a skilled young basketball player with a bright future ahead of him, was killed in the head-on collision.

In August, Tomislav Roki, 67, of Toronto, was charged with careless driving causing death in connection with the crash.

But, months later on Feb. 1, the grief facing the Yekmalian family intensified when it was discovered that a police officer’s signature, on a key court document swearing the charge, was missing.

Milo Yekmalian is seen in these undated images. (Supplied)

“I see by looking at the information that this is a very serious matter, and I can tell you I am not happy having been put in the position that I need to say that this is a nullity,” Ontario justice of the peace Neil Burgess said in court transcripts obtained by CTV News Toronto.

Prior to the COVID-19 pandemic, Burgess noted, protocols required that a police officer appear in front of a justice of the peace to certify a criminal charge, but, in this case, the officer did not.

And even though the charging document allowed the officer to swear remotely, it was still not signed, Burgess said in his ruling, as he apologized to Yekmalian’s family before the case collapsed.

For the Crown’s part, attorney Liana Marcon argued the missing signature should not “derail” the court proceedings, especially in a “matter of such seriousness as it is in this circumstance.”

In the wake of the decision, and knowing the charge can not be re-laid more than six months after the incident, Alen said the weight of the clerical error shows the “incompetence level” at the Caledon OPP and the Crown’s office in Orangeville.

“I can understand that there were policies and procedures put in place because of COVID…but, the judge at that point in time who resided and withdrew the charges…there should have been some form of leniency because of COVID,” he said.

In an email to CTV News Toronto, a spokesperson for the Ministry of the Attorney General underlined the charge was not withdrawn by the Crown, and that the “investigation and laying of charges is a function of police services and is independent of the Attorney General.”

“Any questions regarding charges laid in this matter should be directed to the police service that conducted the investigation,” the spokesperson added.

The OPP told CTV News Toronto that it is “looking into the matter” and that “further conversations with court services are continuing to review the process” as it relates to the case.

“The current court services process is to forward the informations to a justice of the peace to review the document. Questions about that process and the actions of the justice of the peace should be directed to the Ministry of the Attorney General,” a spokesperson said in an email.

The OPP added that it is reviewing all information and procedures as they relate to this case to “ensure this does not happen again.”

Meanwhile, Alen said he wants to continue to raise his voice about how the case fell apart while pushing for changes to the criminal justice system.

“Anything we can get out about this, I think will help the next family—it may not help my family—but it may help another family.” 

Milo Yekmalian and his family are seen in this undated image. (Supplied)