RCMP Const. Petina Kostiuk was clearly negligent when she accelerated through a red light and collided with another vehicle, killing two men, a lawyer argued Wednesday.
Derek Mah, who represents the family of Albert Haczewski, one of the victims, told a judge that the RCMP should be held "fully liable" for the collision.
He said while Kostiuk was entitled under the law to proceed through the red light, she should have slowed down rather than speed up.
While the officer's conduct was not intentional, the risks she created were "significant" and egregious," he told B.C. Supreme Court Justice Christopher Grauer.
"Const. Kostiuk did not meet the standard of care expected of her. She admitted she did not exercise reasonable care. Her mistake was costly and it killed two young men."
In March, Kostiuk, 41, had pleaded guilty in criminal court to driving without due care and attention during the October 2007 accident.
Just before the intersection at Royal Oak and Kingsway, she'd slowed down and put on her lights and sirens before accelerating through the intersection and hitting the vehicle driven by Haczeweski.
She testified that prior to the collision, her speed was 80 km/h. At the time she was responding to an emergency call of a suicidal, pregnant woman.
Both Haczewski, 27, and his passenger, lifelong friend, Koyo Hara, 26, died.
Kostiuk was initially charged with two counts of dangerous driving cause death but pleaded guilty to the lesser offence and was fined $1,500 by Provincial Court Judge Michael Hicks.
Paula Haczewski, the widow of the victim, and the victim's parents filed suit, seeking damages, as did the family of Hara. Hara's family has settled out of court for an undisclosed amount.
At the Haczeweski court case, the RCMP has denied any liability for the collision - despite the guilty plea.
Mah told the judge that the defendant has not provided any evidence that the guilty plea is anything other than what it appears to be - that is, an admission of liability.
At trial the RCMP argued that Haczewski, who had evidence of marijuana in his system, was impaired and therefore at least contributorily negligent.
But Mah said there are difficulties in proving impairment from the use of marijuana and in Haczewski's case, there was no proof he was likely impaired.
Besides, there was just over one second for him to respond before the collision and therefore the issue of impairment was not relevant, he argued.
Members of the Haczewski family were in court Wednesday to hear the submissions, as was Const. Kostiuk, who has not returned to duty since the collision.
