Carol Berner, the Delta woman who caused the death of Alexa Middelaer in 2008, is trying to have her conviction overturned at the Supreme Court of Canada.
Berner filed leave to appeal her guilty verdict in Ottawa earlier this month, after a lower court turned her down last fall.
Today, lawyer David Tarnow has asked the BC Court of Appeal to adjourn the appeal on her two-and-a-half-year sentence, pending the decision of the country’s highest court.
One reason Tarnow argues Berner should get a new trial: “We continue to say that the car was improperly dealt with by the Delta police and ICBC before Mrs. Berner was even charged.”
Tarnow also tells the court new evidence has surfaced in the civil case the defense never knew about – that engineers believe Berner’s car could have lost control because the road’s speed bumps were improperly built.
The B.C. Court of Appeal judge has denied his request, so the appeal will still be heard March 21.
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