WATCH ABOVE: The case will go ahead despite the fact Prosa’s charter rights were violated. Catherine McDonald reports.
TORONTO — Charges will not be stayed against a man charged with drunk driving in connection with a tragic crash which resulted in the deaths of a father and daughter, a judge ruled Wednesday.
Sabastian Prosa’s lawyer was pushing for the case against the young man to be thrown out because part of a blood sample submitted as evidence in the case was lost and could not be tested for drugs.
It was standing room only Wednesday at the University Avenue courthouse. More than 50 supporters and the family of the victims were in court, holding large pictures of their lost loved ones.
READ MORE: Teen charged with drunk driving after crash that killed father, daughter
Prosa was driving the wrong way on Highway 427 on August 5, 2012, when his SUV crashed head-on with a vehicle carrying 49-year-old Jayantha Wijeratne, his wife Antonette and their daughter 16-year-old Eleesha.
Jayantha and Eleesha did not survive. Antonette suffered serious injuries in the crash.
Prosa was only 19 at the time. He held a G2 licence, which has a zero tolerance on alcohol. Prosa admits he drank that night following a day at a music festival, but believes he was drugged.
The defence claims Prosa’s drink was spiked which is why he was driving intoxicated the night of the tragic crash.
“If I drank I would never drive,” Prosa previously testified.
Justice Glenn Hainey dismissed the request for a stay on the proceedings despite the fact he found the forensics staff were careless in losing highly relevant evidence, a loss which violates Prosa’s charger rights.
Prosa has pleaded not guilty to all charges against him. Lawyer Alan Gold argues the loss of the blood sample affects his ability to fully defend his client.
The family said they were relieved to hear the case was not being thrown out, and remain anxious for a verdict.
Court will reconvene June 26.
With files from Catherine McDonald
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