Image credit: Facebook

Evidence in question could determine trial outcome

The man accused of running down a Capital News paper carrier in 2013 was back in court on Monday

Confession letters delivered to Kelowna media outlets could be excluded from evidence in the trial for a man accused of running down a newspaper carrier.

Donald Brodie is charged with criminal negligence causing bodily harm and flight causing bodily harm for allegedly driving through a police check stop that in the early hours of Dec. 6, 2013 prompted a police chase. An Eagle Talon that he was allegedly driving sped through Rutland and struck Capital News carrier Steve Kania near Highway 33. The impact broke Kania’s leg and he was put in a coma and suffered a serious brain injury.

The case was in court Monday for the continuation of the multi-month voir dire — a trial within a trial — determining the admissibility of Brodie’s alleged confession and a strip search conducted by police.

Nathan Fahl was originally charged in the incident, but the investigation took a turn when Brodie allegedly told police that he was the driver on Dec. 21, 2013.

In June 2014, Brodie sent a handwritten letter to several local media outlets from prison where he said he accepted fault for the incident and blamed RCMP for chasing him that night.

No charges were laid against the RCMP officers involved.

Brodie sat quietly in the prisoner box on Monday wearing a red t-shirt that showed off far more face and neck tattoos than he once had in the old Facebook photo above.

On Monday, lead investigator on the case, Sgt. Michael Cooke of the Kelowna Detachment Serious Crimes Unit took the stand.

He described everything from taking over the case in the early morning hours of Dec. 6 2013 to why RCMP initially charged Fahl and why they transferred that charge to Brodie after receiving his alleged confession letter from prison.

Crown counsel told the Capital News that these pieces of evidence are crucial in the case against Brodie.

The voir dire that started in May is expected to continue tomorrow with the remainder of the judge-only trial scheduled for September.

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