Carole Berner’s lawyers try to get charges thrown out
Posted Jun 21, 2010 06:36:35 PM.
This article is more than 5 years old.
SURREY (NEWS1130) – Defence lawyers for Carole Berner–the woman accused in the death of 4-year old Alexa Middelaer–are trying to have the charges against her thrown out, and will apply for a stay of proceedings this morning.
Berner’s lawyers say they were not able to examine their client’s crashed car before it was destroyed. The collision report prepared after the crash has been ruled unsuitable as evidence, though the basic data is still acceptable in court.
The lawyers say they can’t put up a proper defence without being able to examine the car again, so they will argue to have the case dropped. Berner is accused of impaired driving causing death, along with other charges following a crash in Ladner in May 2008. Alexa Middelaer and her aunt were struck on the side of the road while feeding a horse.
Berner admits she was driving, but has pleaded not guilty on all charges.
