WITNESS DENIES TRUCKER SMOKED POT BEFORE HEADING OUT ON RUN TO TORONTO

The ex-common-law partner of a Quebec transport driver denied he
smoked marijuana prior to an accident that killed one person and
seriously injured another.

Joanne Dubeau testified Thursday that she spent the day and evening
prior to the fatal collision with Sean Du Jardin and that she never
saw him smoking pot.

Du Jardin, 41, has pleaded not guilty to charges of impaired driving
causing death, impaired driving causing bodily harm, dangerous
driving causing death, dangerous driving causing bodily harm and
possession of marijuana.

Dubeau said Du Jardin slept for a couple of hours after dinner July
18, 2004 and left on his Montreal to Toronto run shortly before 11 p.m.

At 12.40 a.m. the next day, Du Jardin's tractor-trailer slammed into
the rear end of a van on the westbound driving lane of Highway 401,
west of Mallorytown.

Feridun Ozdingis, a doctor from Turkey, died of a heart attack
moments after the crash while his wife, Feryal Ozdingis, suffered
severe head and internal injuries. Both were passengers in the van
along with several other family members returning to Toronto from a
visit to the east coast.

The Crown alleges Du Jardin was high on the drug when he plowed into the van.

A search of the sleeping area of the cab subsequently turned up 14.5
grams of marijuana. Dubeau, who lived with the accused for 13 years,
said Du Jardin occasionally used the drug to relieve a medical
condition but that he never smoked when driving.

She said Du Jardin was never able to provide an explanation of why
the accident happened, just that the van suddenly appeared in front of him.

In earlier testimony, Dr. Paul Manley said the deceased most probably
died as result of injuries to the back of the heart incurred during
the collision.

Manley, a staff pathologist at Queen's University, said that although
Ozdingis suffered from heart disease, his death was likely due to the
spine striking the back of the heart due to the impact of the collision.

The injury changed the rhythm of the heart, resulting in insufficient
blood being pumped to the heart and the rest of the body, he said.
Ozdingis survived the crash and was walking around helping other
victims when he collapsed and died alongside the road.

The trial continues today.