Former RCMP Inspect. Tim Walton ties police tape at the scene of a multi-vehicle collision at the intersection of Cliffe Avenue and 26th Street July 26, 2016. Black Press File Photo

Former RCMP Inspect. Tim Walton ties police tape at the scene of a multi-vehicle collision at the intersection of Cliffe Avenue and 26th Street July 26, 2016. Black Press File Photo

Woman guilty of impaired driving in death of Vancouver Island pedestrian

Man in his 70s killed in 2016 Courtenay multi-vehicle incident

A woman on trial for a multi-vehicle collision that killed a pedestrian two years ago in Courtenay is guilty of three of the nine charges she faced.

Serina Laliberte, 48, was found guilty of having a blood-alcohol content (BAC) over 0.08 mg/100 ml of blood causing an accident resulting in death, and two counts of causing an accident resulting in bodily harm.

Laliberte, wearing a grey sweater while sitting in the prisoner’s box, faced the judge and did not look around the packed courtroom gallery as the hour-and-a-half verdict was read Friday morning.

On July 26, 2016, a Nissan Pathfinder travelling in the northbound lane on Cliffe Avenue struck a pedestrian, proceeded to hit two other vehicles near the intersection and then crashed into parked cars in a nearby parking lot.

RELATED: Trial to conclude Wednesday for Comox Valley driver of vehicle involved in pedestrian death

A male pedestrian in his early 70s was rushed to hospital, along with the drivers of two other vehicles stopped at the intersection of Cliffe Avenue and 26th Street. The male pedestrian later died in hospital.

The trial began in September and was scheduled for five days in Courtenay Supreme Court, but was carried over to Oct. 2 and 3 as both the defence and Crown agreed they needed more time.

Laliberte, who has type 2 diabetes and admitted on the stand she did not regularly take Metformin, her diabetes medication, drank a vodka and pop mixture from a coffee cup (poured from a water bottle at least half-filled with vodka) on the morning of July 26 while waiting for her friends for a day at Comox Lake.

After jumping the curb and hitting the pedestrian on the sidewalk, Laliberte then hit a vehicle stopped at a red light at the intersection of Cliffe Avenue and 26th Street (which subsequently rear-ended another vehicle) before crashing into two parked vehicles in a nearby parking lot.

Prior to Laliberte accelerating rapidly down Cliffe Avenue, two friends in her vehicle testified she became stiff and stared forward, unresponsive.

Supreme Court Justice Jeanne Watchuk said Laliberte’s breath sample at the scene registered as a fail, and two blood alcohol samples taken at the Comox Valley RCMP station read 120 mg/100 ml blood and 100 mg/100 ml blood.

Watchuk added Laliberte told the constable at the scene that she had been drinking and that she is a diabetic.

The judge explained she is satisfied the element of causation is proven for events over Laliberte’s BAC of 0.08, but in terms of three charges involving impaired driving, she did not find the causation link to be proven.

As a result, Laliberte was found not guilty of impaired driving causing death and two counts of impaired driving causing bodily harm.

She also faced one charge of dangerous driving causing death and two counts of dangerous driving causing bodily harm, of which Watchuk found her to be not guilty of all three.

“I do accept the evidence Ms. Laliberte had a blackout or seizure. She was not aware of her actions or not in control. There was no evidence of dangerous driving before the stoplight at the outskirts of the city and she was driving properly,” she noted. “She did not know that it was dangerous to drive because she might have a seizure due to the interaction of alcohol and diabetes.

Following the verdict, Crown prosecutor Richard Ellsay and defence lawyer Eric Chesterley agreed on a pre-sentence report to be ordered prior to sentencing.

A sentencing date will be confirmed on Jan. 28, 2019, and is expected sometime in late February or March.

Outside the courthouse, Leslie Wells, the president of the Comox Valley Chapter of Mothers Against Drunk Driving said while the process of the verdict was initially confusing, Crown helped clarify the result for supporters and family members of the victim.

“My understanding is that the sentencing wouldn’t make a difference whether it was more charges or just the three, so that was a big relief to hear.”

She added the verdict sends a clear message: don’t drive when impaired.

“They determined the level of impairment of one (BAC)… and it had some horrific consequences. A guilty verdict is good.”

Family members of the victim were not available for comment following the verdict.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Friends have identified the man killed in Friday’s shooting in Metchosin as Shane Wilson. (Shane Wilson/Facebook)
West Shore RCMP continue to investigate shooting death in Metchosin

Man killed on Sooke Road Friday night identified by friends

Fire Chief Darren Hughes, right, pulls the old Firemans Park sign off ahead of the parks name change. The new sign for Firefighters Park is coming. (Oak Bay Fire Department Twitter)
Oak Bay changes the name of Fireman’s Park

New sign for Firefighter’s Park on the way

The WHL’s Victoria Royals will compete in a 24-game season starting March 26, <strong></strong>based out of a Kamloops and Kelowna B.C. division bubble (Kevin Light/Courtesy Victoria Royals)
‘Important to cherish every moment’: Victoria Royals not taking bubble season for granted

The Victoria WHL team’s coach and GM calls the season a ‘privilege,’ expects fierce rivalries

The Victoria Fire Department was able to contain a fire to one room after a bed placed directly against a heater ignited. (Black Press Media file photo)
Early morning Victoria balcony fire causes $20,000 in damages

Victoria Fire Department said nobody was injured in the fire on View Street

Postmark Group, an Edmonton-based development firm, bought two properties at 6641 and 6643 Sooke Rd. last year, and is reaching out to the community and local groups for feedback before they begin planning the designs for the development. (Photo contributed/Postmark Group)
Waterfront village development eyed for Sooke

Postmark Group development firm bought two properties at 6641 and 6643 Sooke Rd. last year

Const. Nancy Saggar, who has 11 years in policing, offers advice for other women who may pursue both policing and family. (Black Press Media file photo)
Pregnancy prompts sage advice from RCMP officer for women thinking about policing

West Shore constable with 11 years experience heads off on maternity leave

(BC SPCA)
Is it safe to give your dog some peanut butter? Not always, BC SPCA warns

Some commercial peanut butter ingredients can be harmful to dogs

Anyone with information is asked to call Nanaimo RCMP at 250-754-2345 or contact Crime Stoppers by calling 1-800-222-8477 or submitting a tip online at www.nanaimocrimestoppers.com.
21-year-old motorbike rider dies after crash with ATV on Nanaimo back road

Incident happened Sunday afternoon near Boomerang Lake

Rising accident rates and payout costs have contributed to billion-dollar deficits at ICBC. (Comox Valley Record)
B.C. appealing decision keeping ICBC injury cases in court

David Eby vows to ‘clip wings’ of personal injury lawyers

Provincial health officer Dr. Bonnie Henry and Health Minister Adrian Dix provide a regular update on the COVID-19 situation, B.C. legislature, March 2, 2020. (B.C. government)
B.C.’s COVID-19 cases: 545 Saturday, 532 Sunday, 385 Monday

Focus on Prince Rupert, Lower Mainland large workplaces

A special committee has been appointed to look at reforming B.C.’s police act and is inviting the public to make submissions until April 30, 2021. (Black Press media file)
Have thoughts on B.C.’s review of the provincial Police Act?

Submissions will be accepted until April 30

Cottonwoods Care Home in Kelowna. (Google Maps)
New COVID-19 outbreak at Kelowna care home includes fully vaccinated seniors: Henry

Two staff and 10 residents tested positive at Cottonwoods Care Centre

Excerpts from a conversation between Bria Fisher and the fake truLOCAL job. Fisher had signed a job agreement and was prepared to start work for what she thought was truLOCAL before she learned it was a scam. (Contributed)
B.C. woman warning others after losing $3,000 in job scam

Bria Fisher was hired by what she thought was a Canadian company, only to be out thousands

Most Read