The trial of a B.C. man accused of dangerous driving in the death of a toddler in downtown Vancouver three years ago has heard from witnesses, including the driver of another vehicle he struck.
Seyed Moshfeghi Zadeh has pleaded not guilty to dangerous operation of a vehicle causing death and dangerous operation of a vehicle causing bodily harm in the July 6, 2021 crash.
Michael Hiiva and his 23-month-old daughter Ocean were crossing Hornby Street at Smithe Street when they were struck. Ocean was killed instantly, while Hiiva was left with life-changing injuries.
Zadeh admits he was behind the wheel of the black Ford Escape that smashed into a McLaren sports car and then struck the pair as it ran a red light but maintains the crash was a tragic accident. He was going about 47 km/h at the time of the crash, and toxicology revealed he was not impaired at the time.
On Wednesday, the court heard from Kai Hensler, who was driving the McLaren when it was hit in the intersection.
Hensler testified he was commuting home on Smithe Street with dry streets on a sunny evening when he saw a black vehicle coming towards him as he entered the intersection.
“Was there any time to avoid it?” Crown counsel Brent Anderson asked.
“There was no chance,” Hensler replied.
Hensler testified he hit the brakes, but his car was struck on the front right corner and sent spinning through the intersection.
“I was disoriented, my glasses fell off,” he said. “There was a lot of chaos.”
Hensler suffered minor bruises and scratches in the crash but told Global News outside the courtroom that he has since been treated for post-traumatic stress disorder.
The trial also heard from witness Peter Masters Favell, a retired Crown lawyer, who was on his way to dinner when he heard the collision.
Favell testified he saw an “SUV being knocked and catapulted, rolling over 360 degrees and crashing onto the sidewalk where I’d previously been standing.”
Favell told the court he saw a man seriously injured on the ground, and a woman screaming and trying to lift him up.
On Tuesday, prosecutors told the court the light had been red for more than 20 seconds when the crash happened.
The trial also heard Tuesday from the first police officer at the scene of the crash, who described arriving to find a child dead with a critical neck injury and a man with broken bones protruding from his flesh.
The same officer testified to recognizing Zadeh from previous interactions and said the accused claimed to have been ejected from his vehicle, though there were no corresponding signs of damage to the Ford.
Proceedings are set to resume Thursday. Defence has yet to lay out its theory of the case, and it was not yet clear whether Zadeh would call evidence or testify.
The trial is slated to conclude on Tuesday with final arguments.
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