Kevin O'Leary tells trial he doesn't recall if wife drank before 'chaotic' boat crash
Celebrity businessman Kevin O'Leary testified at his wife's trial on Wednesday, saying he did not recall if she had consumed alcohol in the hours before a "chaotic" boat crash that killed two people.
Linda O'Leary has pleaded not guilty to one charge of careless operation of a vessel under the Canada Shipping Act. She was driving the boat when it collided with another vessel at 11:30 p.m. on Aug. 24, 2019 on Lake Joseph, north of Toronto.
The couple and a family friend were returning to their cottage from a dinner party at another cottage when the crash happened.
"We just went right into it. It was just a huge surprise," Kevin O'Leary testified by Zoom from Los Angeles.
He said the other boat was "invisible" until moments before impact. The ski boat the O'Learys were in was travelling at between 14 and 20 (nautical) miles per hour at the time, he testified.
Kevin O'Leary, the former star of the CBC show "Dragons' Den," described the night as dark and moonless, and testified he saw "zero light" coming from the other vessel until after the collision, when he said the lights turned on and it drove away.
"It's like it had a shroud on it or something," he testified. "This is just an opinion, but you would have to work very hard to make a boat that size that dark."
The moments after the crash were "chaotic," O'Leary repeatedly said. He testified that both he and his wife called out to the other vessel and did not hear a response. He said his immediate focus in the aftermath was on the other passenger in the family's boat who was bleeding from a head injury.
He said he learned at around 2 a.m. from a police officer that a passenger in the other boat had been killed, and another seriously injured.
Gary Poltash, 64, of Florida, died that night, and Suzana Brito, 48, from Uxbridge, Ont., died in hospital a few days later. Three people were also injured.
The question of whether the other boat, a 16-seat Nautique, had its lights on has been a point of contention in the case. Witnesses on the other boat, including the owner who was charged in the crash with failing to exhibit a navigation light, testified that they remembered some lights being on.
Court earlier heard testimony from a police officer who said Linda O'Leary registered an "alert range" level of blood alcohol on a breath test taken shortly after the crash. The female officer said Linda O'Leary told her she had only had one drink after the crash.
Kevin O'Leary told the court he does not recall his wife appearing affected by alcohol in the hours before or after the crash, though there were several hours when he was not with her, including at least an hour after the crash when police were speaking with her alone.
He said his wife drove their boat to and from a dinner party that night as she often did as the more experienced boater of the couple. The group decided that afternoon that Linda would be the designated driver, which is "usually how it goes," O'Leary said.
Wine was served at a 2 p.m. lunch and at the dinner party that started after 7 p.m. at a friend's cottage across the lake, O'Leary testified. He said he drank alcohol but couldn't remember if Linda did or not.
Cocktails were also served at the dinner and O'Leary said Linda "might have" consumed one, but "probably a watered down one because she was (the designated driver)."
"She knows if she's the designated driver, she's got to be very conscious about consuming alcohol," he told the court.
A lawyer for the prosecution grilled Kevin O'Leary about whether he talked with his son and his friends, who witnessed the crash from the family's cottage, about what they saw before giving a statement to police the next day.
Friends of O'Leary's son told the trial earlier that they saw the lights on the other boat turn on only after the crash.
The prosecution also pointed out inconsistency in O'Leary's statements to police and to the trial about the speed the boat was travelling. O'Leary said he was basing his speed assessment on the fact that the boat was "planing," but didn't have an exact figure.
This report by The Canadian Press was first published July 21, 2021
CTVNews.ca Top Stories
Grandparents killed in wrong-way crash on Hwy. 401 identified
A 60-year-old man and a 55-year-old woman killed in a wrong-way crash on Highway 401 earlier this week have been identified by the Consulate General of India in Toronto.
Police arrest 3 Indian nationals in killing of B.C. Sikh activist Hardeep Singh Nijjar
Three people have been arrested and charged in the killing of B.C. Sikh activist Hardeep Singh Nijjar – as authorities continue investigating potential connections to the Indian government.
BREAKING Suter scores late goal, clinches series for Canucks
The Vancouver Canucks are moving on to the second round of the Stanley Cup Playoffs.
TD worst-case scenario more likely after drug money laundering allegations: analyst
TD Bank Group could be hit with more severe penalties than previously expected, says a banking analyst after a report that the investigation it faces in the U.S. is tied to laundering illicit fentanyl profits.
Quebec man who threatened Trudeau, Legault online sentenced to 20 months in jail
A Quebec man who pleaded guilty to threatening Prime Minister Justin Trudeau and Premier François Legault has been sentenced to 20 months in jail.
Human remains found in rural Sask. possibly a decade old, RCMP say
RCMP say human remains found in a rural area in central Saskatchewan may have been there for a decade or more.
Britney Spears 'home and safe' after paramedics responded to an incident at the Chateau Marmont, source tells CNN
A source close to singer Britney Spears tells CNN that the pop star is 'home and safe' after she had a 'major fight' with her boyfriend on Wednesday night at the Chateau Marmont in West Hollywood.
Canadian doctor concerned new weight-loss drug Wegovy may be used inappropriately
As Wegovy becomes available to Canadians starting Monday, a medical expert is cautioning patients wanting to use the drug to lose weight that no medication is a ''magic bullet,' and the new medication is meant particularly for people who meet certain criteria related to obesity and weight.
Drew Carey is never quitting 'The Price Is Right'
Drew Carey took over as host of 'The Price Is Right' and hopes he’s there for life. 'I'm not going anywhere,' he told 'Entertainment Tonight' of the job he took over from longtime host Bob Barker in 2007.