'Coughing not texting' driver acquitted in crash that killed soldier
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BARRIE — The widow of a Canadian soldier killed by a driver who told a jury he was coughing — not texting — at the time of the fatal crash fears that the case could provide a “perfect defence” for others.
Andrew Stewart, 28, of Angus — about 20 kilometres west of Barrie — insisted he was coughing when involved in the Nov. 27, 2015 crash that killed Master Cpl. David Anderson, a husband and father of two. Jurors found Stewart, who declined comment when leaving court, not guilty of dangerous driving.
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Outside court, Anderson’s grieving widow, Erin, said she fears the “coughing while driving” defence may send the wrong message to drivers who text.
“What a perfect defence. It’s scary,” said Erin, also a Base Borden soldier, who added she misses her husband.
“He was my best friend,” she said. “Because of a single moment — a split second — my boys will grow up without a father.”
Stewart was speeding at 84 km/h in a 60 km/h zone when he blew through a stop sign at an intersection just outside of Angus, court heard. He swerved into the wrong lane and struck Anderson’s vehicle, without even applying the brakes.
But was Stewart in the midst of an unavoidable coughing fit — or was he texting at the time?
In the end the jury found that texting could not be proven.
During the trial, Crown attorney Bhavna Bhangu scoffed at Stewart’s claim that he was in the midst of a “coughing fit” after inhaling his electronic cigarette.
“He was coughing? Why wouldn’t he slow down? Why didn’t he brake?”bThe Crown noted phone records showed Stewart made a string of texts before the crash — one she claimed, was at 3 p.m. — likely the precise time of the crash.
Stewart was not injured but was taken to hospital where he told a doctor, “I was coughing and must have passed out.”
His lawyer, Mitch Eisen, urged the jury to believe his client, arguing, “sometimes in life tragic things just happen by accident.”
Trapped in his crushed vehicle, Anderson cried out, “help me, please help me.” He died moments later.
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