BY KEITH LACEY
Evidence has concluded in the trial of a man charged in relation to a fatal boating collision on Ramsey Lake the first day of summer 2003.
The accused, Michael Christakos, will not be taking the stand in his own defence witness as defence counsel Berk Keaney rested his case Thursday.
The three most serious charges against Christakos, 41, were withdrawn Wednesday by assistant Crown attorney Len Walker after he said the
Crown couldn?t prove beyond a reasonable doubt Christakos was responsible for the accident that claimed the life of Samuele Pisani, 23.
Justice Patricia Hennessy ordered the eight-man, four-woman jury to issue verdicts of not guilty to charges of impaired driving causing death and two counts of criminal negligence causing bodily harm after Walker told the jury evidence presented by the Crown ?was not reliable enough to determine the cause of the collision.?
After Keaney presented his final witness Thursday, Hennessy told the jury Keaney and Walker will present final submissions today.
Hennessy will give her final charge to the jury Monday before they begin deliberations on the remaining charges against Christakos, which include impaired driving, dangerous driving and leaving the scene of an accident.
Several defence witnesses testified Christakos had three ounces of vodka at a bar between noon and 1:30 pm and two light beer while helping fix a friend?s dock around 45 minutes before the collision.
Walker suggested to the jury that evidence was not believable as breathalyser tests indicated Christakos blew 180 or well over twice the legal limit of 80 almost three hours after the accident.
Witness testimony that Christakos drank after the accident to calm his nerves also isn?t believable, said Walker, as forensic toxicologist Dr. Randall Warren said the six-foot-three, 230-pound Christakos would have had to drink a minimum of seven beer and maximum of 12 shots of liquor to have the breathalyser readings he had following the accident.
Dave Dinan testified Christakos, who had helped him work on a dock for two or three hours before the accident, phoned him on a cell phone and admitted he had been in a boating accident and was driving one of the boats.
He told Christakos to stay where he was and he would come to him and try and help him and Christakos was waiting for him about a mile from the accident scene when he arrived about 20 minutes later, said Dinan.
The final defence witness Tom Niemi Jr. testified he, Pisani, Christakos and friend Rod Furlani were on his dad?s speed boat, with Christakos in
control, when the accident took place.
He estimated the boat was travelling about 75 kilometres an hour when it collided with another boat near Cooper?s Island.
There was some drinking on the boat, but it was not excessive, said Niemi.
He was thrown into the water as a result of the impact and swam to shore carrying a cardboard box used to hold beer being consumed in the boat, said Niemi.
When Walker suggested there was heavy alcohol consumption on the boat in the minutes before the accident, Niemi didn?t agree.
Niemi testified he believed Pisani might have been picked up by another boat in the area following the collision.
He didn?t realize Pisani was missing and eventually pronounced dead at the scene until police were searching the shoreline several minutes after he landed on shore, he said.
When Walker suggested those on the Christakos boat were more concerned about hiding the fact there was alcohol involved than finding Pisani, Niemi rejected his suggestion.
