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British Columbia

Excessive speeder acquitted in collision death of Vancouver doctor

Evidence shows Ken Chung was driving 139 km/h moments before he hit and killed Dr. Alphonsus Hui in 2015 at the intersection of Oak Street and 41st Avenue.

Evidence shows Ken Chung was driving 139 km/h moments before he hit and killed Dr. Alphonsus Hui in 2015

A B.C. judge has acquitted Ken Chung on one count of dangerous driving causing death. Chung was going almost three times the posted speed limit when he hit and killed Dr. Alphonsus Hui at the intersection of Oak Street and 41st Avenue in Vancouver. (Mike Laanela/CBC)

A man who was driving almost 140 km/h moments before hitting and killing a Vancouver doctorhas been acquitted on one count of dangerous driving causing death.

OnNov. 14, 2015, according to court documents, Ken Chung's silver Audi slammed into the red Suzuki of Dr. Alphonsus Hui, sending Hui's vehicleairborneat the intersection of Oak Street and W. 41st Avenue.

Huidied at the scene from "multiple blunt force trauma sustained from the force of the crash."

In his ruling, Judge Gregory Rideoutfound that despite the "fatal and tragic consequences" of Chung's dangerous driving,"thereis at least a reasonable doubt that such conduct amounted to a marked departure from the standard of a reasonably prudent driver."

"I conclude the momentariness of the accused's conduct in excessively speeding is insufficient to meet the criminal fault component, and he must be acquitted," he wrote.

Hui was southbound on Oak Street making a left hand turn onto 41st when Chung, who was speeding north on Oak in the curb lane, hit the passenger side of Hui's car.

Going 139 in a 50 km/hzone

It was determined Chung's Audihad accelerated to 139 km/h in the block before41stAve.It was also determined he wasgoing 119 km/h at the moment of impact.

The posted speed limit is 50 km/h.

Chung did not testify at the trial, but his lawyer argued he had been driving responsibly except for the block orless when he "momentarily accelerated his high powered Audi to an excessive speed."

Crown counsel spokesperson Dan McLaughlin said the B.C. Prosecution Service is reviewing the case to determine whetherto appeal,noting that "the appeal process under the Criminal Code is an onerous one."

In an unrelated incident, Chung was found guilty on a 2017 charge of excessive speeding last month.