VANCOUVER — A defence lawyer says the judge overseeing the trial of a mariner who was navigating a passenger ferry when it sank off B.C. made several mistakes when instructing the jury.
Karl Lilgert was convicted last year of criminal negligence causing the death of two passengers who were aboard the Queen Of the North when it struck an island and sank in March 2006.
Lilgert was sentenced to four years, though he immediately appealed and was released on bail.
His lawyer, Glen Orris, has told the B.C. Court of Appeal that the judge incorrectly defined the offence of criminal negligence when addressing the jury, giving the Crown an unfair advantage and causing an unfair trial.
The judge told the jury that Lilgert had a duty to navigate safely and within the regulations, but Orris says marine regulations are merely guidelines and they're not a legal requirement.
He says the judge's definition of criminal negligence did not reflect recent decisions on the issue from other courts, including the Supreme Court of Canada.
