Original decision in death of girl ‘legally flawed,’ N.S. Court of Appeal says
Global News
Talia Forrest, a 10-year-old girl, was struck and killed by on the evening of July 11, 2019, while riding her bike with a friend on Black Rock Road in Big Bras d’Or.
A Nova Scotia Court of Appeal decision that ordered a new trial for a Nova Scotia man acquitted in the hit-and-run death of a 10-year-old girl has laid out why the three-member panel believes the original decision was “legally flawed.”
Talia Forrest was struck and killed by someone driving a vehicle on the evening of July 11, 2019, while riding her bike on Black Rock Road in Big Bras d’Or. RCMP reported at the time that the driver of the SUV had fled the scene.
The following month, Colin Hugh Tweedie — then 27 — was charged with dangerous operation of a motor vehicle causing death, impaired driving causing death, failing to stop at an accident involving death, and obstruction of justice.
He pleaded guilty to obstruction, admitting he lied to a police officer about who was driving at the time of the collision.
He was ultimately acquitted of the other charges after a trial in Sydney Supreme Court in February 2022, which was heard by Justice Mona Lynch, and later handed a suspended sentence and 18 months probation.
The Crown chose to appeal that acquittal.
In January of this year, a three-member panel heard the appeal and agreed a new trial should be ordered.
In his written decision released Wednesday, Justice Michael J. Wood said the trial judge made errors by not properly considering Tweedie’s blood alcohol content, not considering whether Tweedie was wilfully blind that he had hit a person, and not considering all of the evidence related to the road conditions and victim’s visibility.
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