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Autopsy report highlights second day of Phillips trial

Day two of the Constable Phillips dangerous driving case began with expert testimony.

The prosecution called expert witness and Chief Medical Examiner, Dr Elizabeth Brooks-Lim to testify on the autopsy of the deceased, Tracy Janvier.

Dr Brooks-Lim determined the cause of death from “significant trauma and blood loss” from impact with a motor vehicle.

Janvier sustained multiple skeletal fractures to the spine and ribs, massive internal injuries, multiple abrasions and lacerations to his upper and lower body which were consistent with the incident.

As agreed in the statement of facts, on Aug. 21, 2016, Const. Phillips was responding to a report of a collision involving a pedestrian on Hwy. 881 south of Anzac.

En route, it’s alleged that Const. Phillips struck Janvier, the already injured pedestrian, with her vehicle which lead to his death.

Furthermore, Dr Brooks-Lim noted there was alcohol present in Janvier’s system, consistent with Irene London’s testimony from Monday.

In cross-examination, the defence argued death would be instant if the internal injuries occurred in the first collision.

However, James Cardinal saw that Janvier was conscious and in pain after that collision.

Nevertheless, Dr Brooks-Lim couldn’t determine whether the initial collision or that of the accused, Const. Phillips resulted in which internal injuries.

Collision Reconstruction

Corporal Mark Podesky also took the stand as an expert witness.

He spent 13 years working in collision reconstruction for the RCMP in various detachments

While working out of the Wood Buffalo RCMP at that time, he analyzed the collision scene the night of Aug 21, 2016.

Cpl. Podesky determined Janvier struck the headlight, windshield, and side mirror of Lucy Deltess’ red pickup truck that night.

Rolling over the roof of the truck, Janvier’s body fell on the pavement.

Between that time and when James Cardinal, who was a passenger in Deltess’ truck, went to check on Janvier, the red pickup reversed into position.

Due to road conditions, lack of artificial light, and that Janvier was walking in the middle of Hwy. 881, Cpl. Podesky determined impact was unavoidable.

Phillips dashboard camera

Cpl. Podesky checked the dashboard camera on Phillips’ truck, took forensic data, photographs, and compiled other information.

At which point, the court reviewed the footage ASIRT removed from the camera.

The footage shows Const. Phillips’s truck proceeding northbound on Hwy. 881 to respond to the collision scene.

Just over four minutes into the video, the camera shows the lineup of vehicles leading to where Janvier was lying.

The video immediately cuts to a tree line later in the morning.

ASIRT, the court, and the camera manufacturer noted genuine malfunctions with the recording and playback.

Cpl. Podesky noted Const. Phillips’ driving speed was in access of 155 kmph as she neared the site of the collision.

In conclusion, Cpl. Podesky found that the second collision was also unavoidable.

The prosecution argued the bank of hazard lights from the witnesses’ vehicles gave Const. Phillips cause to slow her speed.

However, the defence countered one can’t determine the vehicles are stationary due to the brightness of the lights and the low visibility.

What happens now

The court will hear a 2016 RCMP interview with Const. Phillips about the collision on Wednesday, April 3, 2019.