Calgary police officer to face third trial after conviction overturned in pedestrian collision case
A Calgary police officer convicted of careless driving after backing over a jaywalking pedestrian in 2018 is set to face a third trial after a judge overturned his most recent conviction.
Article content
Const. Laurence Mooney was driving an unmarked police truck on the afternoon of Dec. 4, 2018 when he attempted to reverse into a parking spot on 2nd Street S.W. just north of 9th Avenue.
Article content
Article content
While backing up, Mooney struck Evangelos Lagoudis as he jaywalked across 2 Street S.W., knocking him to the ground before running him over. Believing he had mounted a pile of snow, Mooney then put the truck into drive and moved forward, running over the victim a second time.
Article content
Article content
Lagoudis sustained multiple injuries in the accident, including pelvic and rib fractures, along with lacerations to his liver, spleen and kidneys.
Article content
Mooney was charged with careless driving under the Traffic Act four days later.
Article content
At a trial last November, Mooney was found guilty of careless driving for a second time. Justice of the Peace Arnold Schlayer ruled the on-duty officer did not exercise due diligence before backing up his truck, including failing to conduct a shoulder check to look through his rear window.
Article content
Article content
But in a May 1 appeal decision released this week, Court of King's Bench Justice Lisa Silver overturned the conviction, finding that the traffic commisioner had made multiple legal errors and misapplied legal principles.
Article content
'The legal errors are fundamental and it cannot be said that the decision, being a conviction, would otherwise be the same without those errors,' the ruling states. 'I am also not satisfied that the evidence is so overwhelming that a trier of fact would inevitably convict.'
Article content
In allowing the appeal, Silver also found the traffic commissioner's reasons were insufficient to establish Mooney had driven carelessly.
Article content
'The appeal must be allowed and the conviction quashed,' the decision states.
Article content
The marks the second time Mooney's conviction has been overturned and a new trial ordered. He was previously found guilty but a Court of King's Bench judge overturned that decision, before the Alberta Court of Appeal ordered the first retrial.
Article content
In her decision, Silver noted her reluctance to order another retrial, pointing out the case has already gone through two trials and three appeals.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Toronto Sun
4 days ago
- Toronto Sun
Calgary police officer to face third trial after conviction overturned in pedestrian collision case
The decision to overturn the conviction of Const. Laurence Mooney was released this week The Calgary Courts Centre in May. Gavin Young/Postmedia A Calgary police officer convicted of careless driving after backing over a jaywalking pedestrian in 2018 is set to face a third trial after a judge overturned his most recent conviction. Const. Laurence Mooney was driving an unmarked police truck on the afternoon of Dec. 4, 2018 when he attempted to reverse into a parking spot on 2nd Street S.W. just north of 9th Avenue. This advertisement has not loaded yet, but your article continues below. THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. SUBSCRIBE TO UNLOCK MORE ARTICLES Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. REGISTER / SIGN IN TO UNLOCK MORE ARTICLES Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account. Share your thoughts and join the conversation in the comments. Enjoy additional articles per month. Get email updates from your favourite authors. THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK. Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account Share your thoughts and join the conversation in the comments Enjoy additional articles per month Get email updates from your favourite authors Don't have an account? Create Account While backing up, Mooney struck Evangelos Lagoudis as he jaywalked across 2 Street S.W., knocking him to the ground before running him over. Believing he had mounted a pile of snow, Mooney then put the truck into drive and moved forward, running over the victim a second time. Lagoudis sustained multiple injuries in the accident, including pelvic and rib fractures, along with lacerations to his liver, spleen and kidneys. Mooney was charged with careless driving under the Traffic Act four days later. At a trial last November, Mooney was found guilty of careless driving for a second time. Justice of the Peace Arnold Schlayer ruled the on-duty officer did not exercise due diligence before backing up his truck, including failing to conduct a shoulder check to look through his rear window. Your noon-hour look at what's happening in Toronto and beyond. By signing up you consent to receive the above newsletter from Postmedia Network Inc. Please try again This advertisement has not loaded yet, but your article continues below. The judge agreed with Mooney's defence lawyer that a $750 fine for his client was a sufficient punishment. Decision overturned, appeal allowed But in a May 1 appeal decision released this week, Court of King's Bench Justice Lisa Silver overturned the conviction, finding that the traffic commisioner had made multiple legal errors and misapplied legal principles. 'The legal errors are fundamental and it cannot be said that the decision, being a conviction, would otherwise be the same without those errors,' the ruling states. 'I am also not satisfied that the evidence is so overwhelming that a trier of fact would inevitably convict.' In allowing the appeal, Silver also found the traffic commissioner's reasons were insufficient to establish Mooney had driven carelessly. This advertisement has not loaded yet, but your article continues below. 'The appeal must be allowed and the conviction quashed,' the decision states. It marks the second time Mooney's conviction has been overturned and a new trial ordered. He was previously found guilty but a Court of King's Bench judge overturned that decision, before the Alberta Court of Appeal ordered the first retrial. In her decision, Silver noted her reluctance to order another retrial, pointing out the case has already gone through two trials and three appeals. 'I am reluctant to order a new trial, but I find that I have no choice,' the judge wrote, adding she expects the Crown to consider the lengthy procedural history when deciding whether it's in the public interest to re-prosecute the case. -With files from Kevin Martin. Editorial Cartoons World Celebrity Canada Wrestling
Calgary Herald
4 days ago
- Calgary Herald
Calgary police officer to face third trial after conviction overturned in pedestrian collision case
Article content A Calgary police officer convicted of careless driving after backing over a jaywalking pedestrian in 2018 is set to face a third trial after a judge overturned his most recent conviction. Article content Const. Laurence Mooney was driving an unmarked police truck on the afternoon of Dec. 4, 2018 when he attempted to reverse into a parking spot on 2nd Street S.W. just north of 9th Avenue. Article content Article content While backing up, Mooney struck Evangelos Lagoudis as he jaywalked across 2 Street S.W., knocking him to the ground before running him over. Believing he had mounted a pile of snow, Mooney then put the truck into drive and moved forward, running over the victim a second time. Article content Article content Lagoudis sustained multiple injuries in the accident, including pelvic and rib fractures, along with lacerations to his liver, spleen and kidneys. Article content Mooney was charged with careless driving under the Traffic Act four days later. Article content At a trial last November, Mooney was found guilty of careless driving for a second time. Justice of the Peace Arnold Schlayer ruled the on-duty officer did not exercise due diligence before backing up his truck, including failing to conduct a shoulder check to look through his rear window. Article content Article content But in a May 1 appeal decision released this week, Court of King's Bench Justice Lisa Silver overturned the conviction, finding that the traffic commisioner had made multiple legal errors and misapplied legal principles. Article content 'The legal errors are fundamental and it cannot be said that the decision, being a conviction, would otherwise be the same without those errors,' the ruling states. 'I am also not satisfied that the evidence is so overwhelming that a trier of fact would inevitably convict.' Article content In allowing the appeal, Silver also found the traffic commissioner's reasons were insufficient to establish Mooney had driven carelessly. Article content 'The appeal must be allowed and the conviction quashed,' the decision states. Article content The marks the second time Mooney's conviction has been overturned and a new trial ordered. He was previously found guilty but a Court of King's Bench judge overturned that decision, before the Alberta Court of Appeal ordered the first retrial. Article content In her decision, Silver noted her reluctance to order another retrial, pointing out the case has already gone through two trials and three appeals.
Winnipeg Free Press
4 days ago
- Winnipeg Free Press
City dentist files another lawsuit over negative internet reviews
A Winnipeg dental clinic is again suing a former patient who posted negative reviews on the internet it claims are defamatory. The new civil claim, filed last week in Court of King's Bench by Dr. Dheeraj Mittal of Greenwoods Dental Centre against a patient, is at least the third defamation lawsuit he has launched over negative and allegedly false online reviews since 2021. The court papers claim the former patient, a Winnipeg man, posted statements it alleges are defamatory on Google, Facebook and Yelp over several days in early July. The patient, in multiple online reviews, claimed to have had a 'terrible experience' at a tooth-extraction appointment at one of Greenwoods' clinics in Winnipeg in June. In his first review, the patient claimed a dentist at the clinic wasn't equipped to give oral sedation during his tooth extraction, despite booking an appointment for such a treatment. He also said the clinic communicated poorly and lied about attempts to contact him, which the dental centre denies. 'Numb out your mouth with some Anbesol (an over-the-counter anesthetic), go find a homeless individual in a back alley, give them $50 and tell them which teeth you need out. It will hurt less in the long run!' said the man's first review, according to the court claim. The patient went on to post several more reviews after a phone call with a manager, the court papers claim. The clinic alleges the claims he made in his reviews are categorically false. 'The plaintiff states that the aforesaid statements… were designed to try to recoup fees paid for dental services provided to the defendant, to impugn the integrity of the plaintiff, to bring the plaintiff's reputation into disregard and to injure the plaintiff's profitability,' reads the court filing. It claims he was told while scheduling his appointment that there was no guarantee oral sedation would be available at the time of his appointment. The clinic alleges the man demanded his services be provided only at the centre's downtown clinic — Greenwoods has five clinics in Winnipeg and two in British Columbia — and only at a specific date and time. The lawsuit claims Greenwoods management offered the man an apology and a chance to discuss the issue with the dentist who removed his tooth, but he refused and demanded a refund. Reviews left on Google were taken down early in July, but others remained online, the court papers say. The dental centre then sent him a cease-and-desist letter later in July demanding the reviews be removed, the court filing says. The dental centre's lawyer, Nolan Boucher, would not comment directly on the new lawsuit or the other defamation litigation. But speaking generally, he said the clinic takes no issue with negative reviews, unless the online comments contain false claims. 'We have no concerns about bad reviews… it lets us know exactly where we might have issues with our services or communication,' said Boucher. 'But at the end of the day, if people are stating inaccurate, false or defamatory information, that's just simply against the law and can really hurt a business's reputation.' The lawsuit is seeking injunctions from the court ordering the patient to delete the comments and refrain from posting any more in the future, as well as damages. Erik PinderaReporter Erik Pindera is a reporter for the Free Press, mostly focusing on crime and justice. The born-and-bred Winnipegger attended Red River College Polytechnic, wrote for the community newspaper in Kenora, Ont. and reported on television and radio in Winnipeg before joining the Free Press in 2020. Read more about Erik. Every piece of reporting Erik produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press's tradition, since 1872, of producing reliable independent journalism. Read more about Free Press's history and mandate, and learn how our newsroom operates. Our newsroom depends on a growing audience of readers to power our journalism. If you are not a paid reader, please consider becoming a subscriber. Our newsroom depends on its audience of readers to power our journalism. Thank you for your support.
