I have not seen where the people saw Kevin O'Leary. I have only read that they heard a man's voice. I can also see the navigational lights being off when stargazing. No lights the stars are that much brighter. Still shouldn't do it though.
Canada - Kevin O'Leary, Shark Tank star, on board his boat in fatal collision, Ontario, 24 Aug 2019
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LadyL
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July 15 2021
MANDEL: Unlit boat in O'Leary crash impossible to see in OPP sim | Toronto Sun
''The police knew it was there; the experiment had been carefully planned.
And still, with its lights off in the middle of Lake Joseph, the Super Air Nautique was virtually impossible to see in the blackness of the summer night — so much so that a police boat almost ran into it as well''.
''OPP Const. Schone Tarrant was on the OPP marine unit vessel, which was simulating the O’Leary speedboat, when he shot the reenactment video at about 10:30 p.m. on Sept. 5, 2019. The stars were out but it was “still very dark,” he recalled. “It’s very difficult to see.”
''Murphy agreed under cross-examination that the videos show the O’Learys’ boat is the only one with its lights on and the Super Air Nautique isn’t visible until 49 seconds after the impact.''
''The trial continues.''
MANDEL: Unlit boat in O'Leary crash impossible to see in OPP sim | Toronto Sun
''The police knew it was there; the experiment had been carefully planned.
And still, with its lights off in the middle of Lake Joseph, the Super Air Nautique was virtually impossible to see in the blackness of the summer night — so much so that a police boat almost ran into it as well''.
''OPP Const. Schone Tarrant was on the OPP marine unit vessel, which was simulating the O’Leary speedboat, when he shot the reenactment video at about 10:30 p.m. on Sept. 5, 2019. The stars were out but it was “still very dark,” he recalled. “It’s very difficult to see.”
''Murphy agreed under cross-examination that the videos show the O’Learys’ boat is the only one with its lights on and the Super Air Nautique isn’t visible until 49 seconds after the impact.''
''The trial continues.''
This video clearly shows that the lights were off on the Rue boat.
I had a discussion with acquaintances this weekend that said they were sure it was Kevin driving as there is no way a man like that would let his wife drive and that the lights were probably on and they would just win because they are rich.
Does it bother anyone else that people make assumptions and think they know the truth when they don't look at evidence at all. I was upset with these people's comments yet they didn't want to look at any evidence.
Lack of lighting on hit boat was cause of fatal O'Leary crash, OPP specialist concluded
The Ontario Provincial Police’s collision reconstruction specialist examining the aftermath of the fatal boat crash, in which Linda O’Leary’s speedboat ran into a boatload of cottagers stargazing on a dark cottage country lake, determined the cause was a lack of lighting on the boat that was hit.
....
Phillips’ reconstruction investigation found that the front of O’Leary’s Cobalt collided at a slight angle to the front of the Nautique and rode up on top of it.
The metal bow eye at the front of O’Leary’s boat — typically the strongest part of a vessel because it is used to tie up the craft and to lift it in and out of the water — cut through the fibreglass of the Nautique, exiting in the larger boat’s front seating area.
That is where Susanne Brito, 48, from Uxbridge, Ont., and Gary Poltash, 64, of Florida, were reclining, looking at the stars, court heard earlier. They both died of blunt force trauma.
While the Cobalt’s hull was on top of the Nautique, both boats turned from the force of the impact, with the Cobalt spinning clockwise and the Nautique, depressed into the water from the weight of the boat on top, spinning counter clockwise, he said.
Lack of lighting on hit boat was cause of fatal O'Leary crash, OPP specialist concluded | National Post
The Ontario Provincial Police’s collision reconstruction specialist examining the aftermath of the fatal boat crash, in which Linda O’Leary’s speedboat ran into a boatload of cottagers stargazing on a dark cottage country lake, determined the cause was a lack of lighting on the boat that was hit.
....
Phillips’ reconstruction investigation found that the front of O’Leary’s Cobalt collided at a slight angle to the front of the Nautique and rode up on top of it.
The metal bow eye at the front of O’Leary’s boat — typically the strongest part of a vessel because it is used to tie up the craft and to lift it in and out of the water — cut through the fibreglass of the Nautique, exiting in the larger boat’s front seating area.
That is where Susanne Brito, 48, from Uxbridge, Ont., and Gary Poltash, 64, of Florida, were reclining, looking at the stars, court heard earlier. They both died of blunt force trauma.
While the Cobalt’s hull was on top of the Nautique, both boats turned from the force of the impact, with the Cobalt spinning clockwise and the Nautique, depressed into the water from the weight of the boat on top, spinning counter clockwise, he said.
Lack of lighting on hit boat was cause of fatal O'Leary crash, OPP specialist concluded | National Post
I find it revolting, personally.
The other boat’s lights were off, OPP reconstructionist testifies at O’Leary trial
The luxury vessel that Linda O’Leary crashed her boat into, killing two passengers, caused the collision by failing to display proper navigational lights in the dark on Lake Joseph, an OPP marine accident reconstructionist testified Monday.
However, Const. Mark Phillips told court that in reaching his conclusion he did not consider other “human factor evidence,” such as if either operator had been drinking alcohol or if there was more than one cause of the Aug. 24, 2019, collision in Muskoka.
The other boat’s lights were off, OPP reconstructionist testifies at O’Leary trial
The luxury vessel that Linda O’Leary crashed her boat into, killing two passengers, caused the collision by failing to display proper navigational lights in the dark on Lake Joseph, an OPP marine accident reconstructionist testified Monday.
However, Const. Mark Phillips told court that in reaching his conclusion he did not consider other “human factor evidence,” such as if either operator had been drinking alcohol or if there was more than one cause of the Aug. 24, 2019, collision in Muskoka.
The other boat’s lights were off, OPP reconstructionist testifies at O’Leary trial
'Linda O’Leary deserves to be exonerated': Kevin O'Leary to testify at fatal boat crash trial
Instead of asking a judge to dismiss for lack of evidence the charge against Linda O’Leary from a fatal boating collision, her lawyer said her husband, celebrity businessman Kevin O’Leary , would be called to the stand as the defence’s only witness and hope for a not-guilty verdict — because “Linda O’Leary deserves to be exonerated,” court heard Tuesday.
“From the outset, we have found it difficult to understand why we are here. We have been at a loss to understand the evidentiary foundation upon which a conviction for this offence could conceivably be based,” Brian Greenspan told court after the close of the presentation of the prosecution’s evidence over more than three weeks of trial.
....
“We have yet to hear any basis, in our submission, or foundation for this prosecution,” he said. “In our submission, there is no evidence of excessive speed. There is no evidence of imprudent driving conduct. There is no evidence that any consumption of alcohol affected the manner in which the boat was being prudently operated.
“The Nautique (boat that was struck, where Brito and Poltash were passengers on a stargazing trip) was drifting on Lake Joseph, invisible to any approaching vessel, invisible to Linda O’Leary and to the occupants of the boat.”
In order to know there was an invisible object in her way, O’Leary would need to be “prescient,” he said.
'Linda O’Leary deserves to be exonerated': Kevin O'Leary to testify at fatal boat crash trial
Instead of asking a judge to dismiss for lack of evidence the charge against Linda O’Leary from a fatal boating collision, her lawyer said her husband, celebrity businessman Kevin O’Leary , would be called to the stand as the defence’s only witness and hope for a not-guilty verdict — because “Linda O’Leary deserves to be exonerated,” court heard Tuesday.
“From the outset, we have found it difficult to understand why we are here. We have been at a loss to understand the evidentiary foundation upon which a conviction for this offence could conceivably be based,” Brian Greenspan told court after the close of the presentation of the prosecution’s evidence over more than three weeks of trial.
....
“We have yet to hear any basis, in our submission, or foundation for this prosecution,” he said. “In our submission, there is no evidence of excessive speed. There is no evidence of imprudent driving conduct. There is no evidence that any consumption of alcohol affected the manner in which the boat was being prudently operated.
“The Nautique (boat that was struck, where Brito and Poltash were passengers on a stargazing trip) was drifting on Lake Joseph, invisible to any approaching vessel, invisible to Linda O’Leary and to the occupants of the boat.”
In order to know there was an invisible object in her way, O’Leary would need to be “prescient,” he said.
'Linda O’Leary deserves to be exonerated': Kevin O'Leary to testify at fatal boat crash trial
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Kevin O’Leary will be the only defence witness at his wife’s boating trial
“We respectfully submit that Linda O’Leary deserves to be exonerated of any wrongdoing in the tragedy of Aug. 24, 2019. Kevin O’Leary will tell you about the safe and prudent driving conduct which his wife demonstrated that night and always,” Greenspan said Tuesday.
He was a “second set of eyes” on the O’Learys’ ski boat that night, which struck an unlit Super Air Nautique filled with stargazing passengers drifting on the waters of Lake Joseph, he continued. Two of them were killed.
The Nautique passengers who testified at the trial disputed that their boat’s lights were off.
Greenspan said Kevin O’Leary will describe the circumstances of the collision and the co-operation of the O’Leary family in the investigation, which is consistent with what they told police from the outset — “that Linda O’Leary did nothing wrong.” The 67-year-old wanted to attend the Parry Sound courthouse in person, he continued.
Kevin O’Leary will be the only defence witness at his wife’s boating trial
“We respectfully submit that Linda O’Leary deserves to be exonerated of any wrongdoing in the tragedy of Aug. 24, 2019. Kevin O’Leary will tell you about the safe and prudent driving conduct which his wife demonstrated that night and always,” Greenspan said Tuesday.
He was a “second set of eyes” on the O’Learys’ ski boat that night, which struck an unlit Super Air Nautique filled with stargazing passengers drifting on the waters of Lake Joseph, he continued. Two of them were killed.
The Nautique passengers who testified at the trial disputed that their boat’s lights were off.
Greenspan said Kevin O’Leary will describe the circumstances of the collision and the co-operation of the O’Leary family in the investigation, which is consistent with what they told police from the outset — “that Linda O’Leary did nothing wrong.” The 67-year-old wanted to attend the Parry Sound courthouse in person, he continued.
Kevin O’Leary will be the only defence witness at his wife’s boating trial
I’m beginning to think there are others who should be charged in this case.
Anyone who summers on Lake Joseph is a very wealthy individual, owners or renter.
Having had a close encounter on Lake Rousseau years ago, I also understand why LO would have a drink after this accident.
Anyone who summers on Lake Joseph is a very wealthy individual, owners or renter.
Having had a close encounter on Lake Rousseau years ago, I also understand why LO would have a drink after this accident.
I have never heard/seen a word about any breathalyzers having been performed on the owner AND the operator of the larger boat in which two of the twelve passengers were killed when the boat stopped in the pitch dark in the the middle of the lake without lights on. That seems really unfair to me, considering that during the OPP's test drives, they determined this larger boat could see the O'Leary boat, but the O'Leary boat could not see this larger boat.
Also, all of the conspiracy theories going around about Kevin O'Leary having been the 'real' driver of the boat, but yet it doesn't seem to be questioned that on this larger boat, the owner reportedly handed over the operation of the boat to a guest, reportedly JUST before the crash. Was the other guy *really* driving? Was there a reason why the owner handed over the controls?
Fair is fair. In a situation/crash with injuries and/or death, shouldn't both parties be treated the same, until such time as things can be figured out? It's not like police could say two weeks later, 'oops, we should've checked their BACs, let's do that now.' And if the larger boat's operator blew over the allowed, then shouldn't he/they have been charged with that as well?
BBM:
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From the police simulation:
"Phillips participated in a re-enactment that the OPP did, on the same lake at about the same time of night. He said the lit OPP boat he was on, traveling at about 20 miles per hour, passed the unlit Nautique without even knowing it.
“They could see us, but we couldn’t see them,” he said."
National Post ePaper
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The owner of a luxury 16-seater Super Air Nautique that had stopped for some stargazing in the middle of a Muskoka lake testified Monday he heard another boat approaching at a high rate of speed moments before it slammed into his vessel, killing two passengers.
Linda O’Leary trial opens with graphic description of deadly Muskoka boat crash
-----
The police are saying this during their re-enactment, even though they were fully aware the other boat was there, but meanwhile O'Leary had no such advantage:
Then suddenly, the footage captured the police boat passing so close to the dark Super Air Nautique that he could have reached out and touched it.
“My heart still races when I see it,” the officer admitted. “We came rather close to colliding with that vessel in the dark.”
As a result, the police decided not to continue their simulation, he said, because it was too dangerous.
Yet it was after the re-enactment that the officer in charge of the investigation decided to lay charges.
Det.-Const. Sean Richardson charged Dr. Richard Ruh, the driver of the Air Nautique, with operating a boat without lights; and O’Leary with careless operation of a vessel under the Canada Shipping Act because he felt that even unlit, she should have been able to avoid hitting the other boat.
MANDEL: Unlit boat in O'Leary crash impossible to see in OPP sim | Toronto Sun
---------------
Dr. Richard Ruh told the court he took over captaining the boat on the night of Aug. 24, 2019, from its owner, Dr. Irv Edwards, about five minutes into their group's stargazing trip when he saw boat lights approaching.
Ruh testified that by the time he counted to five in his head, they had been struck by the other vessel. He estimated it was travelling roughly 20 miles per hour at the time.
Man driving other boat struck by vessel captained by Linda O'Leary testifies in Parry Sound courthouse
==
It seems from various evidence that the larger boat WAS able to see O'Leary's boat coming, was parked in the middle of the lake in the pitch black, and still didn't turn their lights on (and also lied about having their lights on). Tell me who should've had a blood alcohol reading done? imo.
Also, all of the conspiracy theories going around about Kevin O'Leary having been the 'real' driver of the boat, but yet it doesn't seem to be questioned that on this larger boat, the owner reportedly handed over the operation of the boat to a guest, reportedly JUST before the crash. Was the other guy *really* driving? Was there a reason why the owner handed over the controls?
Fair is fair. In a situation/crash with injuries and/or death, shouldn't both parties be treated the same, until such time as things can be figured out? It's not like police could say two weeks later, 'oops, we should've checked their BACs, let's do that now.' And if the larger boat's operator blew over the allowed, then shouldn't he/they have been charged with that as well?
BBM:
-----
From the police simulation:
"Phillips participated in a re-enactment that the OPP did, on the same lake at about the same time of night. He said the lit OPP boat he was on, traveling at about 20 miles per hour, passed the unlit Nautique without even knowing it.
“They could see us, but we couldn’t see them,” he said."
National Post ePaper
-------------
The owner of a luxury 16-seater Super Air Nautique that had stopped for some stargazing in the middle of a Muskoka lake testified Monday he heard another boat approaching at a high rate of speed moments before it slammed into his vessel, killing two passengers.
Linda O’Leary trial opens with graphic description of deadly Muskoka boat crash
-----
The police are saying this during their re-enactment, even though they were fully aware the other boat was there, but meanwhile O'Leary had no such advantage:
Then suddenly, the footage captured the police boat passing so close to the dark Super Air Nautique that he could have reached out and touched it.
“My heart still races when I see it,” the officer admitted. “We came rather close to colliding with that vessel in the dark.”
As a result, the police decided not to continue their simulation, he said, because it was too dangerous.
Yet it was after the re-enactment that the officer in charge of the investigation decided to lay charges.
Det.-Const. Sean Richardson charged Dr. Richard Ruh, the driver of the Air Nautique, with operating a boat without lights; and O’Leary with careless operation of a vessel under the Canada Shipping Act because he felt that even unlit, she should have been able to avoid hitting the other boat.
MANDEL: Unlit boat in O'Leary crash impossible to see in OPP sim | Toronto Sun
---------------
Dr. Richard Ruh told the court he took over captaining the boat on the night of Aug. 24, 2019, from its owner, Dr. Irv Edwards, about five minutes into their group's stargazing trip when he saw boat lights approaching.
Ruh testified that by the time he counted to five in his head, they had been struck by the other vessel. He estimated it was travelling roughly 20 miles per hour at the time.
Man driving other boat struck by vessel captained by Linda O'Leary testifies in Parry Sound courthouse
==
It seems from various evidence that the larger boat WAS able to see O'Leary's boat coming, was parked in the middle of the lake in the pitch black, and still didn't turn their lights on (and also lied about having their lights on). Tell me who should've had a blood alcohol reading done? imo.
Adrian Humphreys
June 15, 2021
Boat hit by Linda O'Leary was well lit, driver tells court, despite conviction for no lights | National Post
rbbm.
''Asked by federal prosecutor Samir Adam to explain what happened in his case, Ruh took a moment before answering.
“I vigorously defended my knowledge of the truth and after about a year, approximately a year, and having spent $40,000 in attorney’s fees to prove a point to others that I knew to be true myself,” he said, he discussed the option with his lawyer of not contesting the ticket.
“I paid the $125 fine and signed an attestation of neither innocence nor guilt,” Ruh said.''
''After Edwards drove the boat from his boathouse into the lake, he asked Ruh, who had been lying down looking up at the stars, to take control, and Ruh did.
He proceeded slowly, about four or five miles per hour, he said, because “we were in no hurry to get where we were going and travelling at speed brings risks at night.”
Once out of Hamer Bay and pointing out towards the wide expanse of Lake Joseph, the engine was turned off.''
''Ruh said the boat’s lights were on at the time and stayed on. Under cross-examination, he conceded the interior “mood lights” were not on. He later conceded he took his sweatshirt off and placed it over the boat’s control panel to reduce light glare to better see the stars. Nonetheless, he said, an overhead navigation light and the bow lights remained lit.
“There was no wind at all. There were no waves and no current,” Ruh said. It was so smooth the boat didn’t noticeably move over 10 minutes of free floating.''
June 15, 2021
Boat hit by Linda O'Leary was well lit, driver tells court, despite conviction for no lights | National Post
rbbm.
''Asked by federal prosecutor Samir Adam to explain what happened in his case, Ruh took a moment before answering.
“I vigorously defended my knowledge of the truth and after about a year, approximately a year, and having spent $40,000 in attorney’s fees to prove a point to others that I knew to be true myself,” he said, he discussed the option with his lawyer of not contesting the ticket.
“I paid the $125 fine and signed an attestation of neither innocence nor guilt,” Ruh said.''
''After Edwards drove the boat from his boathouse into the lake, he asked Ruh, who had been lying down looking up at the stars, to take control, and Ruh did.
He proceeded slowly, about four or five miles per hour, he said, because “we were in no hurry to get where we were going and travelling at speed brings risks at night.”
Once out of Hamer Bay and pointing out towards the wide expanse of Lake Joseph, the engine was turned off.''
''Ruh said the boat’s lights were on at the time and stayed on. Under cross-examination, he conceded the interior “mood lights” were not on. He later conceded he took his sweatshirt off and placed it over the boat’s control panel to reduce light glare to better see the stars. Nonetheless, he said, an overhead navigation light and the bow lights remained lit.
“There was no wind at all. There were no waves and no current,” Ruh said. It was so smooth the boat didn’t noticeably move over 10 minutes of free floating.''
LadyL
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why would he have counted to five in his head? weird ...
and yes, I agree that they should've been tested & charged
LadyL
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so he outright lied in court? several times? - the video clearly shows no lights at all
these people have demonized the O'Leary's for how long now? and they were lying? wow
Ruh obviously does not know about the Coriolis effect and currents in lakes. IMO
Lake Joseph is fed by a river, rivers have currents and although the surface water may appear calm-ish, the current is always there in the colder, deeper water.
if you’ve ever been on a big lake, there is a reason the buoys bob around. Same with fishing….if there is no current, your line would go straight downward.
Lake Joseph is fed by a river, rivers have currents and although the surface water may appear calm-ish, the current is always there in the colder, deeper water.
if you’ve ever been on a big lake, there is a reason the buoys bob around. Same with fishing….if there is no current, your line would go straight downward.
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So he basically pled ‘no contest’ to the ticket. That prevents anyone from suing him, as I understand it.
Problem is, it’s not valid in Canada, as I understnd it.
it seems to be an American legal construct and won’t hold water (pun intended) up here.
not being a lawyer, I could be wrong ….MOO, IMO ETC
Problem is, it’s not valid in Canada, as I understnd it.
it seems to be an American legal construct and won’t hold water (pun intended) up here.
not being a lawyer, I could be wrong ….MOO, IMO ETC
Just FYI. There are all kinds of civil lawsuits involved in this case. The owner and also the driver of the larger boat are being sued by the victims, as well as suing the O'Leary's. I believe the O'Learys are suing the owner and the operator of the larger boat as well. I have only had time to find one document I think, so far. I'll post this link, but not sure if it will actually lead to the exact document, or if you will have to do a search once you get there? I will also attach the PDF if it is small enough to be allowed.
https://www.canlii.org/en/ca/fct/do...=AAAAAQALcmljaGFyZCBydWgAAAAAAQ&resultIndex=1
https://www.canlii.org/en/ca/fct/do...=AAAAAQALcmljaGFyZCBydWgAAAAAAQ&resultIndex=1
Yes. Disgusting, imo. I just wanted to point out, because it took me a few times looking and comparing videos... there are videos included in some of the news stories (they are also available on youtube), one shows O'Leary's boat arriving to their dinner destination (Linda OL driving the boat); there are 3 occupants in the boat, Linda, Kevin, and their female guest.
Then another video shows the O'Learys leaving the dinner destination. When I first watched it, I thought, OMG, she IS tipsy... because it shows a woman, mostly all in white, who, to me, looks like she may have had a couple. But then I realized, after comparing clothing worn by the women in both videos, that NO, that is the GUEST. Linda is the last to board the boat, and she kicked off from the dock.. which.. imho, takes some balancing (it may be your opinion too, if you have ever done that). It didn't appear that Linda was tipsy at all, imo... and then she seems to very slowly and carefully pull away from the dock.. light is ON.
Then I guess there is another video (or maybe it is the same as the one where they are leaving the dinner party, but I don't think so.. I think this is a third video which shows the boats way out on the water, I believe taken from the O'Leary camera from their boathouse or whatever). It clearly shows the larger boat suddenly turning its lights on AFTER impact, appearing out of nowhere. To me, it looks like the larger boat left the scene first, kinda leaving the OL boat sitting there, and then the OL boat heads for their own cottage.
All along, Kevin has stated there is video to prove i)that his wife was driving the boat (contrary to public conspiracy theories otherwise), and ii)that the larger boat's lights were NOT on. He was correct. The other people, imho, are seeking through throwing blame on the O'Learys, to lessen their OWN liability when the civil trials are heard. It doesn't look good on them to outright lie and state their lights were on though, imho.
It is utterly sickening to me though, to read some of the disturbing comments on the newspaper articles and youtube comments in regard to the O'Learys. Both parties are obviously wealthy enough, but people seem to want to ravage those who are 'famous'? I wouldn't call Kevin 'famous', but he is certainly a known personality, and in media. jmo.