A transport driver involved in a fatal collision that killed a mother and her twin teenage sons on Highway 69 more than two years ago has been ordered to stand trial on three counts of criminal negligence causing death.
The same judge who ruled there was insufficient evidence to commit Michael Hickey to trial following a preliminary hearing in 2005 was asked by the Ontario Court of Appeal to reconsider his decision.
Kelly Henderson and her twin sons Jordin and Corbin Sauve, 13, were killed Aug. 7, 2004.
On Tuesday, Justice Wayne Cohen of the Ontario Court of Justice overturned his previous decision and admitted there was sufficient evidence for this case to proceed before a judge and jury.
Cohen admitted he made errors during his original ruling.
Following Cohen’s original ruling, which dismissed all counts against Hickey, the Crown launched an appeal and arguments were made before Justice Robert Del Frate of the Ontario Superior Court of Justice in Sudbury last fall.
Last November Del Frate ruled Cohen made mistakes in applying the proper legal test in determining whether the charges against Hickey should proceed to trial.
Hickey’s lawyers then appealed to the Ontario Court of Appeal.Several weeks ago, three judges from Ontario’s highest court ruled Hickey should not stand trial, but asked Cohen to reconsider evidence presented during the preliminary hearing.
A trial date is expected to be set in October.
