Speedboat driver found not guilty

Court: Judge rules actions were negligent, but not criminal.

A man who drove a speedboat into Copper Island, a crash which later resulted in the death of a passenger, has been found not guilty of two criminal charges.

In a decision rendered Sept. 5 in BC Supreme Court in Kamloops, Justice Robert Powers found Todd Gordon Kerr, 39 at the time of the collision, not guilty of one count of dangerous operation of a vessel causing death and two counts of dangerous operation of a vessel causing bodily harm.

The crash occurred the night of Aug. 1, 2008. Pattie Lynn McKenna, 24, one of three women and two men onboard the 30-foot Baja Outlaw inboard speed boat, died of injuries suffered in the collision.

The judge ruled that while Kerr was negligent in his operation of the boat, the evidence did not prove beyond a reasonable doubt that he was criminally liable.

He stated that if this was a provincial offence similar to careless driving, he would have been guilty of such an offence.

Although Kerr was negligent by driving too fast in low visibility when he was not aware of the surroundings, the judge said the question he must answer under the law is “whether the dangerous manner of driving was the result of a marked departure from the standard of care which a reasonable person would have exercised in the same circumstances.”


Justice Powers concluded that while the case is “certainly close to the line…, given Mr. Kerr’s evidence which was not seriously challenged about the thought process he entered into, and the evidence of Ms. Jankowski about his generally conscientious operation of the vessel, I find that I am left with a reasonable doubt…”



Just Posted

Salmon Arm community cheers on Natalie Wilkie as she wins first gold medal

Local skier tops the podium in 7.5km race at the PyeongChang Paralympics

Choose a brand for Salmon Arm

What do you think of three options offered to attract people to visit, live and invest in city.

UBCO civil engineer touts cohousing option

Gord Lovegrove says cohousing is sustainable social and economic lifestyle

Okanagan – Shuswap weekend weather

Plan your weekend better with a weather update from Black Press media

School district spells out rules for new trustees

North Okanagan-Shuswap School District creating written policies to guide elected officials

VIDEO: B.C. Mounties reunite veteran with lost military medals

RCMP say Zora Singh Tatla, who served in the army in India for 28 years, is the righful owner

Federal government seeks public feedback on pedestrian safety

What safety measures do you think need to improved for pedestrians and cyclists?

4 facts to ring in St. Patrick’s Day

What do you really know about the Irish celebration?

Experts urging caution as rabbits die by the hundreds in B.C. city

Province of B.C. confirms more positive tests for rabbit haemorrhagic disease

Canucks snap scoreless streak but fall short in 5-3 loss to Sharks

Swiss forward Timo Meier nets two, including the game-winner, to lead San Jose

Video: Natalie Wilkie wins gold in Women’s 7.5km ski race as hometown cheers her on

Salmon Arm skier takes home her second medal of the PyeongChang Paralympics

Search continues for 10-year-old Montreal boy missing since Monday

Montreal police said they are exploring every possibility in search for Ariel Jeffrey Kouakou

Making new furry friends at the Meet the Breeds event in Salmon Arm

Centenoka Park Mall hosts Vernon & District Kennel Club’s showcase of well-trained pups

Airline passenger-rights bill claws back protections for travellers: Advocate

Bill C-49 would double tarmac delays, scrap compensation for flights affected by mechanical failures

Most Read