CORNER BROOK, N.L. — Renee Coates spoke of decisions and consequences when she addressed the jury in the trial of Thomas Whittle in Newfoundland and Labrador Supreme Court in Corner Brook on Wednesday afternoon.
The Crown attorney from St. John’s said the evidence in the trial will demonstrate the power of the decision and describe the consequences of a choice made by Whittle on Feb. 19, 2017.
“The series of events that unfolded as a result of Mr. Whittle’s choices that night cost Justyn Pollard his life,” said Coates.
Pollard was 21 when a snowmobile that he was a passenger on, allegedly driven by Whittle, collided with a taxi on the bridge at Humber Valley Resort.
Pollard, who was from St. John’s, died as a result of the injuries he sustained in the crash.
Whittle was taken to hospital and treated for his injuries. Blood samples were taken and a toxicology report generated.
In statements to police, Whittle said he was sitting in the driver’s position, but Pollard was driving from the backseat.
Video equipment at the resort gatehouse captured the final moments before the snowmobile went over the bridge and subsequently crashed. The jury will see that video and a still image from it during the trial.
“It’s the Crown’s position that once you see that video and that image, you can and will conclude that Mr. Whittle was operating the snowmobile on the bridge that night,” said Coates.
Whittle is from the Topsail area of Conception Bay South. He was 27 when he was charged with causing Pollard’s death, just over a year after the accident occurred.
He is charged with impaired driving by alcohol causing death, impaired driving causing death with a blood alcohol concentration exceeding 80 milligrams, dangerous driving causing death and impaired driving by drug causing death.
His trial is being held before Justice George Murphy.
Whittle is self-represented and declined to make any comment on the trial prior to the start of the afternoon session.
St. John’s lawyer Randy Piercey will also participate as amicus curiae — a friend of the court — to assist the court in making sure the trial is conducted fairly.
Jury selection took place in the morning, and when court resumed in the afternoon one of the women selected was dismissed after presenting a reason why she couldn’t serve.
One of two alternates was then selected to fill her spot, forming a jury of nine women and five men, and the other alternate was dismissed.
The trial is scheduled to run for 14 days, and, due to the time, Murphy increased the size of the jury from 12 to 14.
“Given the anticipated length of this trial I decided that it is in the interest of justice to select 14 jurors. This is to ensure that a complete jury is available to deliberate.”
When it comes time to deliberate, Murphy will reduce the jury to 12, by a random draw of numbers.
The set-up for the trial is also different due to the COVID-19 pandemic. Jurors can’t all be seated in the jury box. To allow for social distancing, only five are in the box. Three more are outside and in front of the box, four others are at the side and two are in the gallery seating.
There is limited seating available for spectators.
Pollard’s grandmother, Joy Pollard, wearing a button with his face on it, and another woman sat in the back of the courtroom with a Victims Services worker. His mother, Sherry Pollard, listened in via teleconference from Ontario.
Diane Crocker reports on west coast news.
Updated Jan. 21, 2021 to correct date of the accident.
