Accused man’s apology cited as strong evidence of guilt at Kelowna trial

The circumstances of the crime are not in doubt. A car ran a Kelowna RCMP roadblock in December 2013. During the following high-speed police pursuit the suspect vehicle struck a passerby.

Steve Kania hit the windshield, suffering very serious and permanent injuries.

One of two people was driving the car. Either Nathan Fahl, who was originally charged, or Donald Brodie who was charged after the counts against Fahl were dropped.

With no DNA, fingerprint or eye-witness evidence implicating Brodie, the Crown’s case relies on a series of letters he sent to police and the media where Brodie repeatedly confessed to being the driver.

Writing to Global Okanagan News, Brodie said: “I take full responsibility in what happened. Mr. Kania didn’t deserve that to happen to him. I have been haunted by the events that happened that night because of my actions.”

On the witness stand, Brodie denied being the driver claiming his many confessions were lies designed to help his friend, Nathan Fahl, get out of jail following his arrest.

But the prosecutor points to an apology Brodie made in an interview with Global Okanagan as strong evidence he was driving that fateful night.

“I want to apologize to everybody,” said Brodie two weeks after the crash. “Nate’s family, the victim’s family, even some of the officers because some were actually concerned.”

Prosecutor David Grabavac asked the judge: “Why would a passenger in a suspect vehicle have to apologize to anybody? What did he do to owe an apology to police, Fahl’s family and the victim’s family?”

In his closing submissions, the defence lawyer was critical of the Crown for not calling Fahl as a witness saying he could have provided critical information about the identity of the driver.

The judge is expected to hand down her verdict Friday.