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Driver on trial for Boris Brott's hit-and-run death says he 'wasn't aware' of Hamilton's one-way streets

Driver on trial for Boris Brott's hit-and-run death says he 'wasn't aware' of Hamilton's one-way streets

CBC
Friday, June 30, 2023 03:04:35 PM UTC

WARNING: This story contains distressing details.

Arsenije Lojovic took the stand at the John Sopinka Courthouse on Thursday to tell Ontario court Justice Fred Campling about all the things he did, and most of the things he didn't, remember from April 5, 2022. 

That was the day Lojovic allegedly hit and killed 78-year-old Hamilton conductor and composer Boris Brott with his mother's black Volkswagen, following a harrowing drive through Hamilton's upper and lower city. 

Lojovic is charged with failing to stop after a crash resulting in a death, dangerous operation of a vehicle causing death and breaching probation.

Court saw footage Wednesday and Thursday at Lojovic's judge-only trial of Brott crossing Park Street South in the Durand neighbourhood in Hamilton that morning. Then, a car identified as the one Lojovic was driving made a wide turn in the wrong direction of the one-way street. 

Brott hit the windshield of the car, then was thrown to the ground. The car that hit him did not stop or slow down and continued on going the wrong direction on Park Street South. 

Lojovic told the courtroom he was avoiding an oncoming white vehicle, which Crown prosecutor Steven O'Brien said did not exist. 

"I really was in shock. I know that doesn't make it right leaving the scene, but I felt pretty much that it was fight or flight," he said. 

Several family members of Brott's were in court Thursday. Brott's daughter and wife appeared to cry silently as they heard Lojovic recollect his version of the hit-and-run.

Before the video was shown, Brott's daughter and wife left the court room. His son remained, with his head in his hands and appeared to be crying.

Lojovic said he left his parent's home in Grimsby on the morning of April 5, 2022 with the intention of buying new running shoes and sweatshirts from the Marshalls and Walmart stores on Upper James Street in Hamilton. 

There were many gaps in Lojovic's recollection of that day, including how he got from the Mac's convenience store at 1660 Upper James St., near Rymal Road, to the city's north end, near Burlington Street East and Victoria Avenue North. 

O'Brien pressed Lojovic on the gaps in his memory, asking how he could remember pulling into the Mac's on Upper James Street but not driving down the Claremont Access.

Lojovic said he remembered turning into oncoming traffic while leaving Mac's and "seeing lots of cars heading my way and swerving to avoid hitting them." 

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