Motorist who was convicted of dangerous driving to get new trial

The B.C. Court of Appeal orders new trial after find the reasoning of the judge who presided over the case was flawed

New trial ordered for motorist who was convicted of dangerous driving

SURREY — A new trial has been ordered for a man who was convicted of dangerous driving after the appeal court found the trial judge had erred in finding he was actually the driver.

The B.C. Court of Appeal found the judge’s reasoning was flawed in finding Gregory Joseph Scuby was behind the wheel at the time the vehicle was being driven dangerously.

“The trial judge drew a number of inferences from the evidence and, relying on those inferences, concluded that the only rational conclusion to be drawn from the evidence as a whole was that the appellant was the driver of the vehicle when it was being operated in a manner dangerous to the public,” Justice Gregory Fitch noted.

The Auto Crime Target Team in Surrey spotted a 1990s red GMC Sonoma pickup truck with stolen plates parked on 59th Avenue, on March 27, 2012. Police described the man in the car as white, in his late 20s or early 30s, clean shaven with short dark hair, wearing a black leather jacket, handling a cell phone and “acting sleepy.”

The surveillance officers say the driver move the Sonoma twice. At one point it was parked under an overpass. Police decided to do a “roadside stop” and the Sonoma sped off, its driver performing dangerous maneuvers that imperiled other motorists. Police then spotted what they believed to be the same vehicle in Coquitlam, and again lost it. Seven hours later they found it illegally parked in Port Moody with Scuby asleep in the driver’s seat and arrested him.

Despite the behavior of the driver in Surrey and Scuby in Port Moody being “both peculiar and similar,” Fitch noted, the trial judge erred in finding they were one and the same based on the circumstantial evidence before the court.

“I would allow the appeal and order a new trial,” Fitch decided.

Justices Elizabeth Bennett and John Savage concurred.

tom.zytaruk@thenownewspaper.com

Just Posted

‘Speed dating’ all-candidates meeting in Surrey zeroes in on homelessness and housing

Candidates mingle with residents at tables with various topics, in 10-minute intervals

Partial lane closures for Port Mann Tuesday, Wednesday nights

Drivers can expect delays during maintenance work: Mainroad

Surrey man drops one-kilo brick of cocaine as cops arrest him outside his house

Amanpreet Singh Gill serving two years less a day for possessing cocaine for purpose of trafficking

North Delta library featuring local artist in new exhibit

Internationally-renowned artist Jarnail Singh will have his art on display until Nov. 22

South Surrey pet blessing event to be held Sunday

All animals welcome to be blessed by Peninsula United Church

VIDEO: More cameras, police coming after Marissa Shen killed in Burnaby park

B.C. privacy watchdog worries that the cameras are a ‘slow creep’ to a surveillance state

Arborist killed by fallen tree at Maple Ridge Golf Course

Was working near the 9th tee box of the golf course.

Rattie scores 3 as Oilers blank Canucks 6-0

Vancouver slips to 1-5 in exhibition play

Veterans Affairs ordered to take second look before supporting vets’ relatives

Liberal government ordered officials to adopt a more critical eye

Dead B.C. motorcyclist was member of group that raced down mountain road

Some group members record their rides on Strathcona Parkway and post times to page

Indigenous athletes in spotlight at BC Sports Hall of Fame

New gallery to feature Carey Price, Kaila Mussel and Richard Peter

B.C. couple who went missing on flight from Edmonton named by family

Family released a statement Wednesday saying they’re still intent on finding the two-seater plane

Abbotsford raccoon dies from injuries suffered in a trap

Wildlife protection group offering $1,000 reward for information about incident

VIDEO: A close look at what you were breathing during the B.C. wildfire season

Electron microscope images show soot and tar particles generated by worst B.C. fire season

Most Read