Driver again seeks bail
Charged with impaired driving causing death
A Quebec Court judge is expected to decide Thursday whether the man charged with causing the death of a Dollard des Ormeaux woman while driving impaired this year should be released on bail.
Yvan Grandmaison, 40, made his second request for release at the Montreal courthouse on Thursday while he remains charged with impaired driving causing death the death of Ngnan Wong Yee, 73, a long-time resident of D.D.O. The charge carries a maximum life sentence upon conviction. He is also charged with impaired driving causing bodily harm to Wong Yee’s husband, Shui Poon Hui, 72, who was critically injured when the two were struck from behind while they walked along Ceres St. on Feb. 21.
On March 15, Quebec Court Judge Gilles Cadieux decided Grandmaison should be detained while the case is pending. On Thursday, defence lawyer Alexandre Paradis requested bail again after Quebec Court Judge Eric Downs heard all of the evidence in Grandmaison’s preliminary inquiry. Downs is also expected to decide Thursday whether there is enough evidence to proceed with a trial against the accused.
During the preliminary inquiry, the court was provided with the results of a toxicology exam that showed Grandmaison had taken a powerful anti-depressant before his Pontiac Sunfire struck the couple and that he had used cocaine less than 10 hours before. The same test showed Grandmaison had also consumed methamphetamine before the cocaine. After his arrest, he agreed to take a blood-alcohol test and was found to be just under the legal limit. The impaired driving charges result from changes to the Criminal Code in 2008, that allow a person to be charged with impaired driving if police suspect they are high on drugs.
The defence is allowed to make a second request for bail when new evidence is presented in a case. Paradis argued Wednesday it is possible Grandmaison showed symptoms of the anti-depressant after he was arrested (he fell asleep at one point). He also said the evidence presented is unclear on whether Grandmaison applied his brakes before or after he struck the couple. In addition, he said, a lack of adequate lighting on Ceres St. might be an issue in the trial as well as the condition of the road, which had snow and ice at its edges. There are no sidewalks on Ceres St.
Grandmaison’s brother, Yves, testified he was willing to make a deposit to secure his brother’s release, something that wasn’t offered the first time around.
Prosecutor Dennis Galiatsatos argued Grandmaison has a history of abusing cocaine and alcohol when he becomes depressed.
“It is too dangerous to release this man,” considering his past, Galiatsatos said. “If he wasn’t impaired, he would have seen them and slowed down.”