The man who was behind the wheel in a crash in downtown Vancouver three years ago, killing a baby and seriously hurting her father, has been acquitted on all charges.
Seyed Moshfeghi Zadeh 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.
Zadeh has admitted he was driving a Ford Escape that ran a red light at the intersection of Hornby and Smithe streets. The SUV hit another car before jumping a curb and fatally striking 23-month-old baby Ocean and her father Michael Hiiva.
Zadeh has maintained that the collision was simply a tragic accident.
In acquitting Zadeh of all charges, B.C. Provincial Court Judge Katherine Denhoff noted there were no drugs or alcohol involved, and no evidence of any issues with his driving before the crash.
Denhoff ruled that while Zadeh’s single, momentary lapse of attention had a tragic outcome, it was not a criminal act.
In closing arguments earlier Tuesday, prosecutor Brent Anderson said the Crown had proven beyond a reasonable doubt that Zadeh’s conduct was a departure from the standard of care exercised by a reasonable driver.
The collision happened at rush hour under ideal road conditions, and the light was red for more than 20 seconds before Zadeh entered the intersection, he said. Zadeh also failed to observe four separate red lights at the intersection, and he failed to brake or steer.
“It’s almost as if he was driving with a blindfold on for a block,” he said.
“(It) appears the only pedal Moshfeghi Zadeh pressed in the block between Howe and Hornby was the gas.”
Anderson told the court that another vehicle to Zadeh’s left did slow down for the light and that at least five pedestrians entered the intersection as Zadeh proceeded westbound between Howe and Smithe streets, which should have been visual cues to brake.
Zadeh’s lawyer Robert Dick counted by acknowledging that while his client did run a red light, there was an “absolute absence of any evidence of risk-taking or bad driving behaviour.”
Dick said Zadeh was not speeding, and there was no evidence suggesting he was distracted or using either of the two phones found in his vehicle.
“There isn’t a pattern of bad driving,” he said.
“This was accidental … by no account was it intentional conduct on his part.”