Felicia Pynn will not testify at trial of man charged after fatal crash

A passenger in a truck that went off the highway, triggering a fatal accident near Butter Pot Park in 2016, will not be ordered to testify in a trial at Newfoundland and Labrador provincial court.

JudgeColin Flynn ruled Monday there was no evidence that Felicia Pynncould offer any relevant information regarding charges against Kyle Follett, the driver who rear-ended an SUV, fatally injuring two men.

Follett, who was behind the wheel of a five-tonne truck,is accused of driving without due care and attention, an offence under the Highway Traffic Act.

• Witness to deadly pileup says driver claimed he 'must have fallen asleep' before crash

AnRCMPofficer has testified thatPynn, sister of convicted killed Philip Pynn, was in another truck that had gone off the Trans-Canada Highway just before the fatal accident.

He said Pynn and Lee Campbell, now deceased, had taken a Dodge Ram from as area dealership out for a test drive and were travelling at speeds up to 170 km/h when the truck ended up in the median, and astolen ATVbouncedout.

Several vehicles stopped to help, including a Rav4that Randy Ralph, 52, and Shannon Pittman, 40, were traveling in.Follett's large cube-truck hit theSUVfrom behind. Ralph died at the scene, and Pittman died in hospital the next day.

Pynnwassubpoenaed forFollett's trial in November, but never showed up. Defence lawyer Bob Simmonds asked Judge Flynn to issue a warrant, but he ruled against that on Monday.

• Witness recalls carnage at scene of fatal crash near Butter Pot Park

Following Flynn's decision, the court heard from the mechanic who inspected Follett's vehicle after the collision.

Mike Barry told the court Follett's cube-truck seemed to be in good working order, and that there was no fault found in the vehicle's braking system.

Follett's trial will continue at provincial court throughout the week, with more testimony from RCMP and civilian witnesses. It'sexpected to conclude on Wednesday.