Christy Natsis trial: judge rules some evidence inadmissible

A judge ruled "significant portions"ofan Ontario Provincial Policeofficer's testimony wereinadmissible in thehigh-profile drunk driving causing death trial of a Pembroke dentist.

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Lawyers for Dr. ChristyNatsishad arguedthat the testimony of threeOPPofficers should be excluded because they were"infected with the twin viruses of tunnel vision and confirmation bias."

The Crown has argued thatNatsiswas drunk when the sportutility vehicle she was driving crossed the centre line on Highway 17 nearArnpriorand crashed head-on into apickup truck driven by Bryan Casey in March 2011. He later died of his injuries.

Natsis was charged with impaired driving causing death, dangerous driving causing death and exceeding the legal blood alcohol limit.

On Monday,Justice NeilKozlofffound that OPP Const. Shawn Kellycontravened one of the fundamental requirements of an expert witness,namelythat he beindependent, unbiased and impartial.

He found Kelly crossed the line from technical traffic collision expert to general investigator in the case. He pointed out that Kelly was included in meetings and emails with the lead investigator and by doing so he wasn't objective.

Still,Kozloff allowed ruled thatKelly's analysis of the collisionscrapes andgouges in the road,distanceand speed calculations, and other technical findings was admissible.

He also refuted the defence claim that there was bias in the evidence of two collision reconstructionists, OPP Consts.Jeffrey Hewitt and Robert Kern.

Kozloffhas previouslythrown out critical evidence during the trial, which began in the fall of 2012.

Natsis's blood-alcohol level was nearly 2times the legal limit but Kozloff tossed that evidence after ruling that the arresting officer denied Natsis the right to speak with her lawyer.

The defence is not calling any evidence in the case. Closing arguments are expected to be submitted in writing. Kozloff is expected to deliver a decision on May 29, 2015.