Defence lawyers for Baljeet Dhaliwal, a Mississauga transit bus driver on trial for dangerous driving causing death told a Brampton, Ont., judge Thursday that there is ample reasonable doubt and the judge should find their client not guilty.
On June 8, 2023, around 9:25 a.m., police were called to Derry and Rexwood roads where there was a multi-vehicle collision involving a MiWay bus.
Fifty-year-old Sharron Williams, who was sitting in the driver’s seat of a Nissan Rogue, was killed as a result of the collision which was caught on dash camera. The bus could be seen plowing into two rows of cars stopped at a red light.
Dhaliwal did not testify in her own defence but her lawyers argue the brakes on the bus she was driving failed and she had to use a hand brake to eventually stop the bus.
A mechanic for the Crown testified that the brakes on the bus were working at the time of the collision but the defence called that witness unreliable.
Dan Stein, one of Dhaliwal’s lawyers, argued that a 911 call, which captured the driver telling a passenger after the crash that the brakes were not working, should be ruled admissible.
That 911 call was played in court Thursday. Stein said it was clear from the tape Dhaliwal seemed distraught, sad and panicked.
Defence also argued that inspections done by Peel police on the MiWay Transit bus after a fatal chain reaction collision were insufficient.
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Defence lawyer Jennifer Hue told Justice David E. Harris that a fire on the front brakes took place when the bus was being towed after the crash — and was never investigated.
Stein said that evidence was lost because the bus was destroyed before defence could do their own inspection and download the ABS (Anti-lock braking system) codes.
The Crown relied on the ACM (airbag control module) to argue that the brakes were not deployed at the time of the crash but defence said that data was not reliable, arguing the bus was in poor mechanical condition.
Defence said that the bus was 10 years old, had 710,000 km on the odometre and had 570 work orders on it.
Their mechanic called the bus “a lemon.” The Crown argued that the bus had been maintained.
Stein pointed out that the defence mechanic testified that the brakes might have been faulty and said an accident reconstructionist for the Crown agreed during cross-examination.
Crown attorney Simran Singh told the judge the Crown’s theory is that the brakes were working but Dhaliwal didn’t apply them due to a “pattern of inattention” on the day of the deadly crash.
“There’s no evidence of brake application based on the ACM and other things. We also have to look at the fact there was no deacceleration. Even from the video, you can’t see any slowdown, ” said Singh.
The Crown said video aboard the bus captured Dhaliwal on her phone, in the hour preceding the crash, while sitting at a red light. At another point, Singh said she could be seen eating while driving the bus.
Court heard the brakes were not applied until five seconds after the collision.
“It was a large misjudgment,” said Justice Harris.
“That’s a very long misjudgment. Three seconds before, five seconds after. Why wouldn’t someone immediately after the impact brake?” Harris asked, calling it “a bit of a puzzle.”
“If it’s not the brakes, it’s clearly a marked departure.”
“We have the ACM that shows no braking prior to the collision. She was distracted. She was in a haste. She misjudges the truck in front of her. Once she realizes what’s happening, even if it’s only for a few seconds, she’s in shock. At some point, she mounts the curb and applies the brakes. You see the skid marks. The brakes actually work. That would be the Crown’s theory,” said Singh.
The Crown argued the hand brake was not deployed based on photos taken of the bus after the collision and argued that Dhaliwal eventually applied the brake pedal.
Hue pointed out that Dhaliwal was not on her phone at the time of the collision.
“You can see her hands on the wheel. She is paying attention. She was trying to stop the bus. Both hands on the wheel, holding the horn,” said Hue.
“The issue is, was this human error? If so, it would seem she’d be guilty or was there some brake failure issue there?”
He added the Crown must prove beyond a reasonable doubt that her driving was a marked departure from that of a professional bus driver in the same circumstances.
Harris has reserved his judgment until July.
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