A Windsor man accused of killing two people and seriously hurting three others in a crash near Chatham will have to wait until next month for a ruling.
Closing arguments in the Brett Iler trial took place at Chatham-Kent Provincial Offences Court in Blenheim on Thursday.
Crown Ryan Iaquinta presented case law to make his argument that "undue care and attention" caused the crash on May 27, 2022, at Queen's Line and Dillon Road.
Iaquinta told the court that Iler's momentary lapse of attention to the road due to yawning should lead to a careless driving conviction.
He said the prosecution established and proved beyond a reasonable doubt that the crash was the result of a "negligent act" when Iler veered from the eastbound lane into the oncoming classic car convoy at Retrofest.
Iaquinta also questioned Iler's credibility and reliability on the stand last week, saying he was "vague and implausible" and couldn't remember much of what happened that tragic day.
He also noted that Iler's lawyer didn't meet its "due diligence" defence and that Iler must be found guilty of careless driving causing death and careless driving causing bodily harm.
Defence lawyer Alexandra Cardella told the court that the Crown didn't meet its burden of proof, adding that "likely or probable guilt" is insufficient to find her client guilty of careless driving.
Cardella said the evidence supports Iler's testimony that his actions were not negligent, adding that Iler reduced his speed when he saw the car convoy just before Dillon Road and that he was no longer trying to pass cars in front of him at that point like he had been at Queen's Line and Highway 401 earlier.
She pointed to the fact that a witness, who testified Iler was repeatedly trying to pass him several kilometres before the crash occurred, saw the crash in his rearview mirror. Cardella said that clearly shows Iler was no longer trying to pass.
Cardella also pointed out that if Iler was trying to pass other vehicles, he would been more than one metre into the oncoming westbound lane.
The defence also argued that not all evidence and statements were reviewed by Chatham-Kent police and some information was left out of the crash report.
She closed by saying the yawn is the only reason the crash happened, adding that it's not careless to yawn, it's an involuntary bodily function.
Cardella wants her client acquitted, adding that the crash was tragic, but emotions can't get in the way of a just verdict.
A decision by Justice Kelly Jackson is expected on November 29.
Jamiee Doyle, 28, and Nigel Sedge, 29, were killed in the crash.
Colin Chinnick, Brian Griffith, and Kyle Doyle, Jaimee's husband, were severely hurt with broken bones and other injuries.