Rollover left young woman paralyzed

A man convicted of impaired driving causing bodily harm will know Friday if that conviction will stand.

A man convicted of impaired driving causing bodily harm will know Friday if that conviction will stand.

The Yukon Court of Appeal is sitting this week in Whitehorse.

On Monday, the court heard from lawyer Kim Hawkins, who argued for the acquittal of Michael Schmidt.

If the court doesn’t acquit the convicted man, it should at least order a new trial, Hawkins told justices Harvey Groberman, Christopher Hinkson and David Harris, who are the sitting judges for the court of appeal.

Schmidt was sentenced to eight months in jail on the two impaired driving causing bodily harm charges, but is out on bail pending appeal.

The case dates back to Dec. 14, 2009, when Schmidt was driving from Whitehorse to Haines Junction with Jessica Frotten and Michael Sanderson.

Schmidt’s Honda car rolled on the Alaska Highway near the Takhini River Bridge.

Frotten and Sanderson were ejected from the vehicle with Frotten rendered paralyzed after breaking her back. She also suffered a torn aorta, broken feet, punctured lungs, several broken ribs and a concussion.

Sanderson broke his right shoulder, left leg, multiple ribs and tore ligaments in his left knee.

Schmidt was found guilty of two counts of impaired driving causing bodily harm,.

He was acquitted of two counts of dangerous driving and another two counts of driving with a blood alcohol count of 0.08.

At Monday’s hearing, Hawkins noted an RCMP officer who testified at the trial only noted two symptoms of impairment at the scene of the accident. She offered possible explanations for each.

The smell of alcohol was the first, and, as she pointed out, that doesn’t give any indication of the level of impairment.

During the trial, Schmidt admitted to having consumed beer at lunch, and noted there had been unopened beer in the car which exploded when the vehicle rolled, covering him in the alcohol.

The other indication of impaired driving, Hawkins noted, was Schmidt’s eyes appearing glassy.

As the lawyer pointed out though, in this circumstance an airbag had deployed in Schmidt’s face, and he had been crying, which could have caused his eyes to look glassy.

Even the officer, Hawkins added, conceded at trial the glassy appearance of Schmidt’s eyes may not have been the result of alcohol ingestion.

Throughout her arguments, Hawkins provided the court with case law.

Crown prosecutor Eric Marcoux, meanwhile, argued there was enough evidence provided at the trial for the conviction. He also cited case law for his own arguments.

Marcoux argued photos of the highway show there was nothing there to cause a rollover.

Hawkins, however, argued there was indeed evidence of frost heaves and an icy patch just before the car went off the road.

The three justices are set to deliver an oral judgment on the case Friday morning.