Ontario Court Justice Matthew Webber also told court that the police emails in question were only disclosed to the defence a week or so before the trial.
Diallo, a rookie driver, is on trial for three counts of dangerous driving causing death and 35 counts of dangerous driving causing bodily harm.
On the third day of trial, prosecutors called Chris Chenier, an OC Transpo driving trainer, to the stand to give commentary while watching a 50-minute video captured by dash cam.
Mansour objected, telling court that Chenier wasn’t actually on the bus in question and was far from an expert when it came to testifying about a mysterious, unexplained screeching noise just before the double-decker No. 8155 side-swiped the rock wall in the Transitway and slammed into the steel bus shelter at Westboro Station.
The judge said the driving instructor was unqualified to testify about the screeching sound that Chenier said was simply wind coming into the doors.
Even the U.K. manufacturer of the double-decker bus, at the behest of police, could not identify the mysterious screeching sound moments before the crash that claimed the lives of Anja Van Beek, 65, Judy Booth, 57, and Bruce Thomlinson, 56.
The judge warned prosecutors that defence lawyers need to be advised about opinion evidence ahead of time to spare them an ambush of surprise testimony.
On Tuesday, passenger Brittney Worrall testified about the impact and the aftermath. The passenger, who was standing on the lower deck, told court she heard a bump and didn’t think anything of it, then she felt a bigger bump. She didn’t see the crash and managed to hold on tight enough that she didn’t fall. She told court she’s a nervous passenger and “had a pretty good grip.”
At 5:25 p.m., the sergeant told Bourguignon he had “reasonable and probable grounds from Det. (Alain) Boucher (of collision investigations) to arrest Diallo for dangerous driving causing death X 3,” according to his notes. The constable hung up, turned to Diallo and told her she was under arrest for three counts of dangerous driving causing death.
This content was originally published here.