Ruminations

Blog dedicated primarily to randomly selected news items; comments reflecting personal perceptions

Saturday, December 01, 2012

Witness To The Offence

Each of a long succession of witnesses in the three-week-old-and-counting trial of Pembroke dentist Christy Natsis has had the veracity of their witness accounts of the incident they observed that caused the death of another driver on Highway 17 in Arnprior not only probed and questioned but also accorded disbelief. 

This woman who was observed by a wide number of witnesses, from onlookers to casual acquaintances, paramedics to police officers to be under the influence of alcohol, has pleaded not guilty to the charges brought against her of dangerous and drunk driving causing death, and driving while over the legal limit for alcohol.

She has obtained the professional services of a seasoned and aggressive criminal lawyer.  And he, tasked with defending his client, has engaged in a series of courtroom confrontations with each of the witnesses that have been brought forward to support the Crown's contention that Dr. Natsis is indeed guilty as charged.

Dr. Natsis has been characterised by those testifying as being concerned with her own welfare, and this is not unusual, since most people are.  But not exclusively, and certainly not in circumstances when by actions of their own devising, they are involved in a serious crash, sustaining slight injury to themselves, but a major life-threatening injury to another, innocent person.

The arresting officer, Constable Ryan Besner of the Ontario Provincial Police is the latest of a long succession of witnesses to be questioned by Dr. Natsis's lawyer.  His interrogation has been as pointedly offensive as were those previously questioned by Defence lawyer Michael Edelson, who argued that his client's right to counsel was violated.

Const. Besner, after arresting Dr. Natsis, acted as a personal aide to the woman he arrested; accompanying her at her request to hospital, telephoning a number of sources to secure a lawyer for her, allowing her privacy in a hospital bathroom where he handed her a cellphone where she proceeded with a 40-minute discussion with the lawyer of her choice.

Repeatedly checking on her condition while she was on the telephone, to ensure the situation was under control, and finally, after 40 minutes and discovering the woman to be lying prone on the bathroom floor, informing her and her interlocutor that time was up, then escorting her out for a breathalizer test.

"You don't remember saying, 'You'd better pray that he doesn't die?" prompted lawyer Edelson, of Const. Besner.  But Bryan Casey after having been extracted from the seat of the pickup truck he was driving died in hospital hours later, and the charge against Dr. Natsis was altered to reflect that fact.

For Const. Besner described the crash scene indicating that Dr. Natsis had driven into the opposite lane to hit Mr. Casey's vehicle head on.  He had described lawyer Edelson's client as profoundly 'out of it', eyes red and glazed over, incapable of walking a straight line, teetering and faltering, slurring her words, and a strong odour of alcohol emanating from her.

"These are embellishments and exaggerations", charged lawyer Edelson.  "You're not dreaming this?" he asked after Const. Besner testified that he was reliving and recalling details while lying in bed at night.  "No.  Unfortunately, I've been playing this over and over in my head since it happened."

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