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Manitoba Crown loses flagger death appeal

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by Daily Commercial News

The Manitoba Court of Appeal has upheld the acquittal of a 71-year-old man who struck and killed a young highway flag person while speeding through a construction zone.

WINNIPEG

The Manitoba Court of Appeal has upheld the acquittal of a 71-year-old man who struck and killed a young highway flag person while speeding through a construction zone.

Mitchell Blostein was charged with dangerous driving causing death after Brittany Murray died on Provincial Road 207 in October 2010. Blostein testified at his trial that he believed the speed limit was still 90 kilometres an hour and did not cut his speed to 60 as warned by signs because he didn’t see any workers until he hit the 21-year-old woman. The trial judge, Court of Queen’s Bench Justice Douglas Abra, found it was clear Murray was flagging a distance away from any actual construction work in the area, somewhere in the range of 100 to 200 metres. The appeal court says Abra applied the correct legal test for dangerous driving to the evidence.

There was no immediate word on whether the Crown will try to contest the ruling before the Supreme Court.

THE CANADIAN PRESS

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