April 24, 2015 - 2:34 PM
KAMLOOPS - A man convicted of dangerous driving causing the death of his two passengers in 2010 is appealing his conviction on the grounds evidence against him was seized by police without a warrant.
In October 2014, a Kamloops Supreme Justice convicted Wayne Fedan, born 1961, of dangerous driving causing the deaths of Brittany Plotnikoff, 20, and Ken Craigdallie, 38. Court heard Fedan drank whiskey with the couple before speeding off in his pickup truck.
The sensing module or blackbox of Fedan's truck measured the last five seconds of the vehicle’s driving patterns before it rolled off the road, struck a tree and then a picket fence near the Woodland Trailer Park. The evidence showed Fedan’s 2004 GMC Sierra was traveling roughly 106 kilometres per hour the second before it left the road.
Fedan’s lawyer, Anthony Varesi, is appealing his client’s case because police seized the blackbox data without a warrant.
Other reasons for the appeal include a witness whose memory was “improperly refreshed by Crown” and a misapprehension of evidence from the judge.
The appeal suggests an acquittal for Fedan or a re-trial.
Before the trial, Justice Deborah Kloegman removed two blood alcohol samples from Crown’s evidence against Fedan because they were improperly taken by RCMP officers. Kloegman acquitted the accused of impaired driving charges.
Kamloops Supreme Court will hear Fedan's appeal in October.
-This story was corrected April 30 at 2:00 p.m. to change sentence appeal to conviction appeal.
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