Judge asked to reconsider ‘Henderson’ tragedy evidence

A veteran judge from Sault Ste. Marie has been asked by the Ontario Court of Appeal to reconsider his decision relating to a transport driver facing serious charges in relation to an accident that claimed the life of a Sudbury woman and her twin sons four years ago.

Lawyers for the family of Kelly Henderson, who was killed along with twin sons, Corbin and Jordin Sauve, and lawyers for Michael Hickey, a veteran transport truck driver, will appear before Justice Wayne Cohen on Sept. 20 in a Sudbury courtroom.

Cohen ruled in March 2005, after the completion of a lengthy preliminary hearing, that there was insufficient evidence for Hickey to stand trial on three counts of criminal negligence causing death.

Hickey was driving a transport truck on Highway 69 near the Killarney turnoff when it collided with the vehicle being driven by Henderson.

Sudbury’s Crown attorney’s office appealed Cohen’s decision and last November Ontario Superior Court Justice Robert Del Frate, who listened to verbal arguments  and considered transcripts from the preliminary hearing, ruled Cohen had made errors in law.

Del Frate stated 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.

Last week, three judges from Ontario’s highest court ruled Hickey should not stand trial as ordered by Del Frate, but also ordered Cohen should reconsider all of the evidence presented during the original preliminary hearing.

The panel wrote “on our review of the preliminary inquiry judge’s reasons, it’s not possible to conclude he reviewed the whole of the evidence...however, we are not satisfied this is a case where it’s appropriate to direct the preliminary inquiry judge to commit for trial.”

Because the preliminary hearing was originally held in Sudbury, the Sept. 20 hearing will also be heard here. A court order prohibiting publication of any evidence presented during the preliminary hearing remains in effect.