After a judge-alone trial, Arjun Sahota has been acquitted on all three charges in connection with a hit-and-run collision that left a pedestrian with life-altering injuries.
On Oct. 20, 2022, around 10:40 p.m., Rahim Allani was walking towards the southbound corner of York and Adelaide streets. Around the same time, Sahota was driving westbound on Adelaide Street, which is a one-way street for eastbound traffic.
As the victim continued north across the street, Sahota’s BMW struck Allani and knocked him to the ground. Sahota then turned southbound and drove against traffic, the wrong way down York Street.
Sahota turned himself in to police on Nov. 8, 2022 and was charged with impaired driving causing bodily harm, dangerous driving causing bodily harm and failing to remain at the scene of an accident causing bodily harm.
Allani suffered a fractured vertebrae, a fractured left tibia, concussions and dizziness and spent more than a week in hospital.
Story continues below advertisementIn her bottom-line decision released Monday, Superior Court Justice Marie-Andree Vermette acquitted Sahota on all three charges, despite the fact she said she did not believe Sahota’s evidence.
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The judge said the defence relied on a neurologist who only met with Sahota once for an hour to an hour and a half. Other than Sahota’s self-reporting, and a short physical exam, the doctor was not provided with any other information nor was he shown any video footage showing Sahota’s behaviour on the night in question.
Vermette said the neurologist didn’t probe Sahota on the obvious discrepancies and inconsistencies. The neurologist concluded that Sahota had a convulsive seizure, but Vermette said that made no sense, since if that had happened, Sahota would have lost motor control and crashed the car, which did not happen. Vermette said she was not satisfied the neurologist’s opinion should be accepted.
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“It is possible Sahota could have seizure disorder and could have had a seizure on Oct. 20, 2022 among other things,” the judge said.
She noted that the neurologist has a specialty in epilepsy and his conclusion is supported by another doctor, who prescribed Keppra, an ant0-seizure medication to Sahota. Vermette noted there was evidence of seizures with Sahota attending a hospital.
Story continues below advertisementThe judge said the neurologist opined that Sahota’s behaviour on Oct. 20, 2022, and the aftermath of the collision was consistent with a person in a “postictal” state.
Vermette said a friend who met up with him after the collision said he had a stoic or blank look on his face. He also testified he had seen Sahota intoxicated before and there were some differences between those occasions and Oct. 20, 2022.
“Based on the whole of the evidence, I am left with a reasonable doubt as to whether Mr. Sahota had a seizure on the night of Oct. 20, 2022 and was in a postictal, amnesic state at the time of the collision with a brain that was not functioning properly,” said Vermette.
“Then I ultimately apply those findings, in regards the three offences. Ultimately, I find Mr. Sahota not guilty on all counts,” the judge concluded.
The judge did not file her reasons for judgment.
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