Car that killed Girl Guide, 8, was in good working order, Crown will argue

Crown prosecutors will argue that the car that struck and killed an eight-year-old girl guide and injured seven other people more than two years ago had no mechanical issues at the time of the collisions, a London, Ont., courtroom heard Monday.  

Petronella McNorgan, who is now 79, was charged following the Nov. 30, 2021, crash on Riverside Drive just west of Wonderland Road. She's pleaded not guilty to one count of criminal negligence causing death and seven counts of criminal negligence causing bodily harm. 

The eight year old who died was struck and killed while walking with her girl guide group on the sidewalk along the north side of Riverside just west of Wonderland. Nine people between the ages of six and 40 were sent to hospital with a range of injuries as a result of the crash which happened at about 6:50 p.m.

Following jury selection on Monday morning, the Crown presented its opening arguments. Crown prosecutor Artem Orlov said the trial will hear from witnesses at the scene, but also from expert witnesses who will testify they found nothing mechanically wrong with the 2017 Honda CRV McNorgan was driving. 

"There was nothing wrong with acceleration, nothing wrong with the steering, or braking systems," said Orlov, who said it's wrong to describe the series of collisions as the result of an accident. 

"The car was inspected and serviced that morning at London Honda dealership," he said. "You'll hear from the employee that checked it." 

Orlov said other experts, including technicians and engineers from Honda and collision experts with the OPP and London Police Services will also testify the vehicle was in good working order that evening. 

The defence will give their opening arguments later in the trial, which is expected to take at least two weeks. 

Outside the courtroom following the morning break, McNorgan's defence lawyer Phillip Millar said he'll argue the eight-year-old's death and the injures suffered by others that evening were not the result of negligence.

"The position is clear. This was an accident. Ninety-seven per cent of collisions are accidents, and that was the case here, with unbelievably tragic consequences," said Millar.

Both the Crown and Defence have agreed to a statement of facts in the case: That McNorgan was driving the CRV involved in the collisions that led to the girl's death and the injuries.

Both sides also agree McNorgan's CRV was travelling westbound on Riverside at "a high rate of speed" where two lanes of westbound traffic were stopped at a red light. McNorgan's car clipped the rear end of one of the vehicles stopped at the light then proceeded through the intersection, narrowly avoiding north-south traffic before hitting a light pole, striking a small tree and colliding with a group of people on the sidewalk on Riverside west of Wonderland.

From there, McNorgan's car turned left, crossed the lanes of Riverside and came to a rest in a parking lot in the nearby park. 

There is a publication ban in place that prohibits the publication of the name of the eight year old who died along with seven other minors injured in the collision.