A 911 call was the focus on Thursday at the trial for a MiWay bus driver involved in a fatal crash three years ago in Mississauga.
Both sides presented their final theories at the judge-only trial, with the Crown saying the bus driver was distracted and panicked and failed to apply the brakes until after the crash, while the defence says there’s too much reasonable doubt to support that claim.
Previous dashcam footage shows MiWay bus No. 1308 violently crashing into the back of Sharron Williams’ car as she sat stopped at the red light at the intersection of Derry Road and Rexwood Road, forcing it into several other vehicles ahead of her, killing the 50-year-old.
Baljeet Dhaliwal has pleaded not guilty to dangerous driving causing death.
On the final day of the two-week-long trial, the court heard frantic audio of Dhaliwal just minutes after the June 2023 crash, telling the 911 operator the brakes didn’t work, she couldn’t stop the bus and tried to go onto the grass. She also stated she had to use the hand brake to stop the bus.
The defence argues there’s ample doubt regarding the Crown’s narrative that the crash could have been prevented. Dhaliwal’s lawyers pointed to the flickering brake lights after the point of impact and video from inside the bus showing the driver with her hands on the wheel, shifting her weight forward and possibly honking the horn seconds before slamming into the first vehicle.
The defence also noted unreliable ECM data, an axle fire that erupted while the bus was being towed, and the fact that MiWay destroyed the bus before the defence or the Crown could conduct a proper forensic investigation.
Meanwhile, the Crown prosecutor suggested Dhaliwal was driving distracted and was overall “inattentive” in the hours leading up to the crash. Video from inside the bus appears to show her eating while driving and at one point texting while the bus is in motion.
The Crown also claims the driver overstayed at the final stop before the collision, was rushing to keep time, and miscalculated the signal change and flow of traffic as the bus approached the intersection. Prosecutors believe she never took her foot off the gas pedal and, out of panic, she failed to apply the brakes until the very end, suggesting the skid marks prove the sudden stop, and are not consistent with a hand brake.
Superior Court Justice David Harris will now consider all the evidence presented at the trial, with a verdict expected on July 10.
