The lawyer for the woman convicted in the horrific South London Costco crash is speaking out after her client was denied an appeal.
Ruth Burger, 67, was found guilty of four dangerous driving related offences in connection with the collision that happened on July 25, 2014.
The Court of Appeal for Ontario dismissed Burger’s appeal on Wednesday, finding “no basis on which to interfere” as the trial judge “clearly articulated the fault element required” in the offence of dangerous driving.
Burger’s lawyer Jill Presser tells AM980 her client is disappointed with the decision.
“This was a tragic accident, and it’s not something that should be called a crime,” said Presser. “So Ms. Burger went to the Court of Appeal because although she feels horrendously for the family and really mourns the loss of life here and her involvement with it, she maintains that she’s not a criminal.”
Now that the appeal has been dismissed, Presser noted Burger could seek permission from the Supreme Court of Canada to go further but she’s not sure her client will want to do that.
“She’s a good person, a solid member of the community, and what happened here was something she never, ever imagined happening in her life and something she would never have chosen and something she would have taken every step to avoid if she could have,” Presser said.
Burger claimed her foot got stuck under the pedals when backing out of a parking space, but the judge said she had time to correct her course.