Wednesday, February 23, 2011

Calvin Barry- Toronto Lawyer

By Joe Fantauzzi
Feb 23, 2011 - 7:49 AM

Leafs hero fights charges

A childhood fan of former Toronto Maple Leafs captain Rick Vaive, on trial for impaired driving, testified he called police after seeing a man struggling to stand in a Vaughan parking lot, then driving away.
Fernando Bernardo called York police July 14, 2009 after stopping at a plaza near Pine Valley Drive and Hwy. 7.

Mr. Bernardo spotted a man in parking lot he thought might be ill, court heard. But when the man leaned against a pickup truck before climbing behind the wheel it was clear the man wasn’t sick, he added.
Shortly after receiving Mr. Bernardo’s call, York Regional Police charged Mr. Vaive with impaired driving and driving with more than 80 milligrams of alcohol in 100 millilitres of blood.

The trial, being heard by judge, began today at the Newmarket courthouse. It is expected wrap up Thursday.
Mr. Vaive, who sat in the first row of the public gallery behind the defence table, has pleaded not guilty.
After leaving the parking lot, Mr. Vaive headed south on Pine Valley, west on Hwy. 407 and exited at Hwy. 427, York police said.

However, during cross-examination, Mr. Vaive’s lawyer, Calvin Barry, questioned Mr. Bernardo’s version of events.

The driver of the pickup truck missed a building in the plaza by two or three inches, Mr. Bernardo testified.
But, Mr. Barry suggested one of the truck’s tires may have rubbed up against a curb.

“I’m going to put it to you sir, that you’re exaggerating,” Mr. Barry said.

“I’m not exaggerating,” Mr. Bernardo responded. “I know what I saw.”

Court heard Mr. Bernardo testify that while he was a fan of Mr. Vaive’s during his time with Toronto, it was only after media reports emerged about the case he learned Mr. Vaive had been charged.

The trial continues.

http://www.yorkregion.com/news/article/957770--leafs-hero-fights-charges