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Thursday, December 10, 2009

Update: Nicolas Piovesan opts for trial by judge in impaired deaths of Jazmine Houle, Steven Philippe and Caitlin Jelley

Source: Sudbury Star

ONTARIO -
The man accused of driving drunk when he struck and killed three teens on Father's Day waived his right to a preliminary hearing on the charges he faces and elected to be tried by a judge alone in the Superior Court of Justice.

Nick Piovesan's lawyer announced the decisions during a brief hearing Wednesday in the Ontario Court of Justice in Sudbury. Piovesan did not appear at the court hearing. Instead, North Bay lawyer Dennis Fenton, who is representing him, spoke on his behalf.

Assistant Crown attorney Len Walker represented the Crown during the five-minute presentation before Ontario Court Justice Gerald Michel.

Piovesan is accused of striking and killing Jazmine Houle, 15, Steven Philippe, 16, and Caitlin Jelley, 15, while driving drunk.

They were killed just after midnight June 21 as they walked along the shoulder of Municipal Road 80 near Gatien Street in Hanmer.

He is charged with three counts each of impaired driving causing death, criminal negligence causing death, failing to stop at a collision and driving with more than the legal limit of alcohol in his blood.

Piovesan has been out on bail since June 30. While on bail, he has not been allowed behind the wheel of a car, must live with his parents, must abide by an 11 p. m. to 7 a. m. curfew and must not be in any establishment where alcohol is sold or served.

The deaths of the three teens sparked a huge public reaction against drinking and driving, including the erection of billboards in Valley East, Capreol and Garson bearing pictures of the three teens and messages about the dangers of drinking and driving.

Pictures of the three teens will also be on roadside breathalyzers Greater Sudbury Police use this holiday season. The breathalyzers were presented to the police at the launch of the Red Ribbon Campaign late last month. The campaign encourages people not to drink and drive.

A preliminary hearing is conducted to determine if there is sufficient evidence to put the accused on trial.

By waiving the preliminary, the accused is acknowledging the Crown has passed the threshold required for a trial.

A date for the Superior Court hearing will be set in the new year.


READ MORE ON THIS STORY AFTER THE JUMP ...

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