Passenger can't recall which lights were on when boat struck by O'Leary's boat
A woman who was on a boat during a fatal collision on an Ontario lake acknowledged Wednesday that she couldn't clearly recall how many of the boat's lights were on when it was struck by the other vessel, and that some may have been turned off at some point that night.
Susan Auricchio testified by video conference at the trial of Linda O'Leary, who is charged under the Canada Shipping Act in connection with the incident.
Auricchio initially told the court that the boat she was aboard the night of Aug. 24, 2019 had all of its lights on, including at the time of the collision.
She and a group of friends and acquaintances had gone out on Lake Joseph, north of Toronto, to stargaze after a dinner party hosted by Irv Edwards, court has heard. Edwards was keen to take people out on his new boat, though he handed over the controls to a friend early in the outing, she said.
When they stopped on the lake, the boat's navigational lights and its dashboard were on, Auricchio said, noting it did not interfere with the group's ability to see the stars. "To my recollection, the lights were never off," she said.
Under cross-examination, however, she acknowledged telling prosecutors this past April that she couldn't say "for sure" which lights were on aside from the dashboard.
Court heard she told the Crown at that time that while the lights were on when the group set out, she couldn't say if that was still the case "at the time of the actual accident" because she was focused on her safety.
"I thought I was going to die so I wasn't really paying attention to the lights," she said in the statement, which was read in court.
Auricchio, an insurance worker living in New York State, also viewed security footage of the lake from that night and agreed with the defence that it appeared to show the boat's lights being turned off at one point.
"I take it (that) what this demonstrates is that your recollection is incorrect," defence lawyer Brian Greenspan told her.
"At that point, yes," she replied.
Another passenger, Cathryn Hibbard, was also pressed on the boat's lighting during her testimony Wednesday.
Hibbard said the boat was "lit up" but she couldn't say which lights were on, specifically.
She did note under cross-examination that the light atop the boat was on, adding it had interfered with their stargazing.
The status of the boat's lights is a central point in the case, with the defence suggesting the boat was not visible at the time of the collision because its lights were off.
Two people were killed in the crash. Gary Poltash, 64, from Florida, died that night after the damaged boat returned to shore. Suzana Brito, 48, from Uxbridge, Ont. died in hospital days later.
Three people were also injured.
One of the people injured, Murray Wohlmuth, is Edwards's cousin and was dating Brito at the time, court heard.
Both women who testified Wednesday said Wohlmuth was dazed after being knocked to the ground from the impact of the crash.
Auricchio, who was sitting near where Wohlmuth collapsed, said he had blood coming out of one ear and didn't know where he was or what had just happened.
"He was hanging on to consciousness," she said.
Hibbard said Wohlmoth didn't recognize his own girlfriend due to his injury.
Court heard the O'Leary boat went on top of the Edwards boat during the crash.
"Their boat was on top of our boat and then it slid back down into the water," Hibbard testified.
O'Leary, the wife of celebrity businessman Kevin O'Leary, has pleaded not guilty to a charge of careless operation of a vessel under the Canada Shipping Act, which federal prosecutors have said could carry a fine of up to $10,000 if she is convicted.
An agreed statement of facts said she was operating the boat when the collision took place. Her husband was also aboard.
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 16, 2021.
CTVNews.ca Top Stories
'Most of the city is evacuating': Gridlock on Alberta highway after evacuation order in Fort McMurray
Four Fort McMurray neighbourhoods were ordered to evacuate on Tuesday as a wildfire gets closer to the city.
Sask. police seize 1.5M pieces of evidence, lay 60 more charges in child exploitation case
Saskatchewan RCMP have revealed that a historic sexual assault investigation has led to the discovery of alleged crimes against children dating back to 2005.
'Inappropriate' behaviour shuts down Dublin to New York City portal
Less than a week after two public sculptures featuring a livestream between Dublin, Ireland, and New York City debuted, 'inappropriate behaviour' in real-time interactions between people in the two cities has prompted a temporary shutdown.
Bouchard scores late to lift Oilers over Canucks, tie series
After a final frame that saw the visiting Vancouver Canucks claw their way back and tie the game late, a slap shot from the point by Oilers defenceman Evan Bouchard with 38 seconds left (until what seemed like certain overtime) iced the 3-2 victory for Edmonton to knot the series.
Chiefs kicker Harrison Butker rails against Pride month, working women in commencement speech
Kansas City Chiefs kicker Harrison Butker railed against Pride month, working women, President Biden's leadership during the COVID-19 pandemic and abortion during a commencement address at Benedictine College last weekend.
King Charles III unveils his first official portrait since his coronation
King Charles III has unveiled the first portrait of the monarch completed since he assumed the throne, a vivid image that depicts him in the bright red uniform of the Welsh Guards against a background of similar hues.
Full List Are these Canada's best restaurants? Annual top 100 list revealed
The annual list of Canada's top restaurants in the country was just released and here are the places that made the 2024 cut.
Alberta announces the 4 health agencies that will replace AHS later this year
The province has released more information on its plan to break up Alberta Health Services and replace it with four sector-based health agencies.
Biden administration moving ahead on US$1 billion arms package for Israel, AP sources say
The Biden administration has told key lawmakers it is sending a new package of more than US$1 billion in arms and ammunition to Israel, two congressional aides said Tuesday.