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The crash took place on Braden Road near the Alaska Highway. Wade Hubley, 55 year-old Taylor resident and sole occupant of the oncoming vehicle, was killed.

The Vancouver Sun reportsĀ  that at his 2010 trial, Bader testified he believed he was on a flat stretch of road and that the road ahead was clear when he pulled out to pass.

After the accident, he drove the road three times with his wife, who used a video camera to record the scene on a DVD, which was tendered as a defence exhibit. The video, which was played at trial, included an audio-track, which included the transmission noise of the vehicle.

The Provincial court judge who convicted him, referred to the transmission noise on the audio track of the video, in finding that Bader must have known he was on an incline. On appeal, Bader argued that the audio track was not subject to cross-examination, so the trial was unfair.

Three judges of the B.C. Court of Appeal found the trial judge improperly used the audio track, and failed to consider Bader’s evidence explaining why he believed it was safe to pass. Bader’s conviction was set aside and a new trial was ordered by the appeal panel.

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