MANDEL: No justice for victims of deadly Lake Ontario boat crash, family says
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We’ll never really know who was really behind the wheel of a deadly boat crash on Lake Ontario — but we know this: No one will be held accountable.
Filip Grkovski, 41, has been acquitted on all eight charges, including two each of impaired causing death and criminal negligence causing death in the drownings of Megan Wu, 24, and Julio Abrantes, 34.
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“While there were problems with Mr. Grkovski’s testimony, I believe him when he said that he was not driving the boat at the time of the accident,” said Superior Court Justice Tamara Sugunasiri. “Even if I am incorrect in believing him, other evidence that I accept leaves me in a state of reasonable doubt.”
And that includes being suspect of the defence’s alternate suspect.
After a late afternoon and night with friends drinking and socializing at a “tie-up” with other boats near Centre Island on May 31, 2022, Grkovski testified that he turned the wheel of his nine-metre Doral 300 over to pal Eddie Denkha to head toward the Outer Harbour marina.
Police said the boat was travelling north in the harbour, near Tommy Thompson park, when it struck a breakwater rock island and capsized at about 11:54 p.m. Eight people were rescued while Wu and Abrantes were trapped and their bodies not recovered until the next day.
Denkha admitted driving at one point, but strongly denied he was in control at the time of the crash.
Grkovski had asked him to take the helm while he went below to speak with his angry girlfriend, he testified, but he insisted he didn’t want to take responsibility in open water, so his friend put the boat in neutral.
When he returned to the deck, he claimed Grkovski was fuming, “like his eyes were were going to pop out from his skull” and he suddenly “floored” it.
Sugunasiri didn’t buy it.
“I do not believe the Crown star witness, Mr. Denkha,” the judge said. “The unbelievable story of Mr. Grkovski pulling out cocaine while driving and flooring the throttle is only one example of his reckless relationship with the truth.”
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None of the witnesses could say who was driving at the time of impact but Sugunasiri found two of the passengers had the “most credible and reliable memories” that Denkha was at the wheel within two minutes or less of the accident. She also found their accounts contradict other aspects of Denkha’s story and raise reasonable doubt as to who was driving.
“I must find Mr. Grkovski not guilty of all charges,” the judge concluded. “Mr. Grkovski, you are free to go.”
Wu’s family was hoping for a different outcome. “It’s been a tough day,” Megan Wu‘s brother, Devon, The Toronto Sun. “No one is being held accountable for this tragedy.”
But they don’t believe the police investigation should be reopened.
“We have waited so long for justice, we just didn’t get it. And I don’t want to go through this process again and end up with the same result,” he said. “I hope one day the truth will come out and justice can be served.”
In the meantime, they’ll pursue their civil lawsuit against Grkovski, he said, “since he was the owner of the boat.”
Denkha hadn’t disclosed his 2001 conviction in Chatham for dangerous operation of a vessel — which court later heard was actually for driving a car. He explained that because he’d received a record suspension, he thought that meant it had all been “wiped clean.”
The judge acknowledged the families’ disappointment at Grkovski’s acquittal. “We never lose sight of the victims of a crime, but we also cannot decide a case solely to bring some relief to their loved ones.”
Yet, how ironic that during this Safe Boating Awareness Week, a deadly crash on the lake goes unpunished.
mmandel@postmedia.com
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