Quebec motorist accused in two deaths said she was helping ducks

A young driver's decision to stop her car on a highwayto help a family of ducks dramatically changed the lives ofanentire Quebec family, a jury trial in Montreal heard Tuesday.

It should have been a quick 20-minute motorcycle ride home for Pauline Volikakis and her family to cap what had been a glorioussummer day in 2010.

Instead, Volikakis fought back tears as she described how thelives of AndrRoy, her husband of 20 years, and her only child,Jessie, ended so suddenly.

Emma Czornobaj has pleaded not guilty to two counts each of criminal negligence causing death and dangerous driving causing thedeaths of Roy, 50, and their 16-year-old daughter.

On the first day of Czornobaj's trial, Crown prosecutors suggested her decision to come to a full stop to help a family ofducks triggered an accident that left the father and daughter dead.

The Crown said in its opening statement that Czornobaj wasn'tphysically in her car and that the vehicle was stopped, with theengine running and without any emergency lights, in the left lane ofHighway 30, south of Montreal.

Prosecutor Annie-Claude Chasse said witness and police testimonywill show the accused was on a narrow shoulder patch next to thepassing lane, tending to a family of ducks on the roadway.

"Would a reasonable and prudent person, in the samecircumstances as was the accused, have done the same?" Chasse askedthe jury. "Would that reasonable and prudent person have stoppedtheir car, on a busy highway, in order to save some ducks?"

Witnesses testify

It was a nice, relaxed Sunday and Volikakis said ice cream was tobe on the menu when they arrived home. Roy was driving and hisdaughter was riding pillion on his Harley-Davidson motorcycle, whileVolikakis rode her own motorcycle behind them.

Volikakis testified she saw a woman walking dangerously along thenarrow shoulder on the side of the highway. She also saw a car at astandstill in the passing lane.

"I wondered what she was doing there, it was not the place tobe," Volikakis said.

She testified that Roy gestured to the accused as if to warn herit was dangerous for her to be there. Seconds later, his bikeslammed into the stationary car, sending both of the occupants inthe motorcycle flying.

They were later declared dead in hospital.

Charges against Czornobaj, who is now 25, were laid more than ayear later. While the maximum sentences are unlikely, criminalnegligence causing death carries a maximum term of lifeimprisonment, while the charge of dangerous driving causing deathcomes with a maximum of 14 years in jail. Czornobaj has no previous
record.

Earlier on Tuesday, eyewitness Martine Tessier testified she wasdriving along the same stretch of highway on June 27, 2010. Theweather was nice, the sun was setting and the road conditions wereexcellent.

Tessier said she was driving at about 110 km/h when she saw awoman along the side of the road seemingly trying to shoo along afamily of ducks.

"I shouted to my kids (in the car) 'What is she doing there?She's going to get killed,'"Tessier told the jury.

She testified thatmoments later, she was staring down a carcompletely stopped with no hazard lights on with the door open onthe driver's side.

"It was close enough that I knew I didn't have time to brake,"Tessier said. Instead, she swerved to get around the car. Then she looked back in her rear-view mirror and saw something else hit thevehicle.

"I saw a body go over the car, it was like a rag doll," Tessiersaid. "I shouted to my daughter to call 9-1-1 with my cellphone."

The jury is composed of 10 men and two women, while three weeks have been set aside for the trial.

Proceedings continue Wednesday.