CROWN ALLEGES TRUCK DRIVER IMPAIRED BY MARIJUANA IN FATAL CRASH IN 2004

Driving a vehicle while stoned on marijuana is as criminal and
dangerous as driving while impaired by alcohol.

That's what the Crown hopes to prove in a case against a Montreal
truck driver who's accused of killing one person and seriously
injuring another in an accident on Highway 401 four years ago while
allegedly high on pot.

Sean Du Jardin, 41, faces charges of impaired driving causing death,
impaired driving causing bodily harm, dangerous driving causing death,
dangerous driving causing bodily harm and possession of marijuana.

Du Jardin pleaded not guilty to all the charges at the opening of his
trial Monday before Superior Court Justice Tim Ray.

"There have been other convictions for impairment by drugs but they
are pretty rare," assistant Crown attorney Alan Findlay conceded
during a break.

While there may be no overt signs of impairment, Findlay said he would
be calling evidence to show marijuana affects a person's ability to
judge distance and to keep a train of thought.

The deceased, Feridun Ozdingis, a doctor from Turkey, and his wife,
Feryal Ozdingis, were passengers in a van returning to Toronto from
the east coast when they were rear-ended by a tractor-trailer driven
by the accused.

The accident occurred at 12:40 a.m. on July 19, 2004, about 10
kilometres west of Mallorytown.

In an outline of the case, Findlay said the deceased actually survived
the crash but died of a heart attack after assisting some of the other
injured victims.

The deceased's wife, who suffered major injuries, was trapped in the
back seat at the point of impact, her head crushed between the roof of
the van and her seat.

Du Jardin was not injured but was distraught and hyperventilating. He
was treated by paramedics and transported to Kingston General Hospital.

Findlay said the evidence would show no braking took place until after
the transport ploughed into the van.

The opening day of the trial was spent hearing defence motions
challenging the validity of three search warrants police obtained
after the accident.

The warrants allowed police to search the tractor-trailer, obtain Du
Jardin's medical records and a blood sample.

Investigating officer Kirsten Audet said Du Jardin showed none of the
usual signs of impairment at the scene and that he was initially only
charged with two counts of dangerous driving.

She said she became suspicious after Constable Rob Sinclair advised
her that he noticed a smell of marijuana in the cab of the vehicle.

A subsequent search turned up 14.5 grams of the narcotic in the
truck.

Her interest in pursuing the matter was further heightened after
learning Du Jardin asked the hospital not to release his medical
records or a blood sample, she said.

Legal arguments over the warrants as well as a defence motion alleging
police breached the accused's rights to consult a lawyer will continue
today.