Tharziha Ganeshamoorthy

The Ontario Court of Justice found Raymond Vitellaro guilty of impaired operation of a conveyance, dangerous operation, and refusing to provide a bodily sample following a multi-vehicle collision caused by his driving.

The court carefully analyzed the right to counsel issues, concluding no breach occurred despite delays in contacting his counsel of choice.

The evidence, including dashcam footage and credible witness testimony, established that Vitellaro drove dangerously at high speed, distracted by opening a bag of Cheetos, and was impaired by narcotic analgesics (suboxone).

His refusal to provide a bodily sample was not excused by his explanations and was proven beyond a reasonable doubt.

The court also dismissed a Charter s 11(b) application for delay, attributing most delay to the defence.

This decision addresses the credibility assessment in a criminal trial involving three assault charges arising from incidents between separated spouses living in the same house.

The court carefully analyzes conflicting testimonies and an audio recording secretly made by the accused.

The judge finds the complainant credible and the accused's evidence undermined by the recording, resulting in convictions on two counts of assault under section 266 of the Criminal Code, while one count is dismissed due to insufficient proof of bodily harm.