Calgary cabbie Stanislaw Maguder's fate in judge's hands

If Calgary cab driver Stanislaw Maguder had stopped after he droveover Tyla Chipaway last year, he likely would not be in trouble.

But the 71-year-old did not, and now Provincial Court Judge Sean Dunniganwill decide Maguder'sfate on July 15.

Closing arguments were made on Friday after five days of evidence this week. Maguderis accusedof leaving the scene of an accident knowing a death had occurred.

Chipawaywas lying in the middle of16thAvenue at 3:30 a.m. on March 18, 2015, whenMaguderdroveover her.

"There are otherexplanationswhich fit in with the evidence," said defence lawyer Balfour Der. "There is other evidence which raises a doubt."

The prosecution, though, says its case has beenproven that Maguder knewhe was involved in an accident with a person.

"He knew he ran over Tyla Chipaway," said Elaine Ahn. "He got out of that area as fast as he could."

"He did not want to be detected."

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Maguderadmitted tokilling Chipawaywhen he drove over her, but the issue at trial was intent.

'Do not admit guilt'

In the moments after he drove off, Maguder'smutterings were recorded by a video camera inside his Associated Cab and translated by a Polish interpreter.

"Why did I not brake?Why did I not brake?" Maguder said."Do not admit guilt.Do not admit guilt."

"You should have stopped, they would not do anything to you," he said.

Const. Mark Enright from the Calgary policetraffic unittestified on Mondaythat Maguder broke 25 traffic laws in the minutes after the incident, including speeding and running more than a dozen red lights and stop signs.

When Maguder testified in his own defence, he told the court he felt it was impossible it was a person he had hit, and that he thought of going back to the scene, but his body "wouldn't allow it."

"Something bumped under my car," said Maguder. "My first thoughts were maybe it was something lost from someone's car."

"In my head, I started to think that it maybe could be a person."

Maguder remains on bail as he awaits a decision.