Charges against Carole Berner could be stayed today
Posted Jun 23, 2010 06:27:11 AM.
This article is more than 5 years old.
VANCOUVER (NEWS1130) – The entire case against the woman accused of killing four-year-old Alexa Middelaer in a car crash two years ago, hinges on one decision today. The judge’s ruling on a defense application to drop all charges against Carole Berner will be heard at 1:30 this afternoon.
The defense says Berner can’t get a fair trial because her crashed car was destroyed by ICBC months after the accident. Lawyer Jason Tarnow says Delta Police hadn’t finished investigating the case and it’s their fault a key piece of evidence is lost. “It’s highly suspicious circumstances that during this very complex undercover operation, whether trying to secure more evidence on Ms. Berner, at the same time they’re destroying other evidence which I said was paramount to this case. It has been paramount to the Crown’s case.”
Meanwhile, Michael Middelaer says the car was not the problem – alcohol and speed were factors in his daughter’s death. “If that’s not enough to hold somebody accountable in today’s province in Canada, then I do think we have work to do because if we don’t learn from that, there’s going to be a lot more deaths on the road.”
The Crown says Berner knew she needed to have the wreck inspected but failed to act. The defense says it has learned there were safety recalls against the car and now they can’t follow up.
