Trial begins for Toronto man accused of impaired driving causing death of friend

Twenty-six-year-old Warren Ferns is on trial and charged with impaired driving causing death and dangerous driving causing the death of his friend, 28-year-old Akhil Sankeshwar.

It was on Sept. 5, 2016 at around 2:20 a.m. when Crown attorney Sean Doyle told Madam Justice Jane Kelly that Ferns, then 24, was driving his 2004 Mazda northbound on Mount Pleasant Road when he lost control of his car with three friends inside.

Eric Hovland worked with Warren Ferns at the Marigold Indian Bistro where Ferns was a delivery driver. He testified that he and Ferns, along with Sankeshwar and another friend, went to Crocodile Rock around 11:30 p.m. on Sept. 4, 2016 after finishing their shift.

Hovland, who was 17 at the time, testified that all four friends had two beers and a shot or two of rum. At around 2 a.m., the four men headed home in Fern’s car.

Akhil Sankeshwar was in the back seat behind Ferns. Hovland told the court they were talking among themselves and listening to music when the car suddenly jerked to the right and then turned left before skidding down the road. He estimated the car was travelling between 60 and 80 kilometres an hour before crashing into a concrete pole.

Hovland testified Sankeshwar, who worked at the Marriott hotel in Markham, never got out of the car.

“We realized he was hurt. We were just saying his name,” Hovland said.

Sankeshwar died of his injuries shortly after the crash. An autopsy found he was killed from blunt force trauma to the head.

Ferns was arrested in hospital where his blood was drawn and he gave two breath samples. Doyle said a forensic toxicologist will testify Ferns had between 103 and 123 milligrams of alcohol per 100 millilitres of blood. At 6 a.m. and 6:22 a.m., he registered 68 milligrams of alcohol per 100 millilitres of blood and 57 milligrams of alcohol per 100 millilitres of blood, respectively.

Doyle asked Hovland if he had any knowledge of drinking and driving before. He answered he did, saying he learned about it in school from people who had been in accidents and from his parents. Hovland said he has not been in contact with Ferns since the fatal crash.

The first officer at the scene also testified as did the breath technician who visited Ferns in hospital and a scene reconstruction expert.

Ferns has pleaded not guilty and is out on bail. The trial is being heard by judge alone.

Sankeshwar’s parents have travelled to Toronto from India to attend the trial.