Evidence tossed ahead of drunk-driving trial for crash that killed Lewisporte couple - Action News
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Evidence tossed ahead of drunk-driving trial for crash that killed Lewisporte couple

Nicholas Villeneuve, 22, is facing eight charges relating to a crash near Gander in 2019 that killed John Lush, 65, and Sandra Lush, 63, of Lewisporte. The couple's daughter and boyfriend were seriously injured in the incident.

Nicholas Villeneuve returns to court February

A tall young man wearing a dark collared shirt and face mask walks in front of a woman wearing a red coat.
Nicholas Villeneuve is facing eight charges linked to a two-vehicle crash near Gander in 2019. (Garrett Barry/CBC)

A provincial court judge has ordered the exclusion of several pieces of evidence from a drunk-driving case that killed a Lewisporte couple in 2019.

Judge Mark Linehan, a provincial court judge in Gander, ruled Tuesday that some physical evidence, as well as some notes made by police onthe night of a crash, could not be used by the Crown in making its case at trial.

The reasons given for that decision as well as specifics about the evidence are covered by an automatic publication ban. However, the judge's decision means he was satisfied that Nicholas Villeneuve's charter rights were violated, and thatinclusion of the evidence would "bring the administration of justice into disrepute."

Villeneuve, 22, is facing eight charges:fourrelated to dangerous driving and four related to impaired driving.

Police allege Villeneuve was driving a pickup truck that collided with an SUVon the Trans-Canada Highway at about 4 a.m. in July 2019, just west of Gander.

A couple from Lewisporte, John and Sandra Lush, were killed in the crash.

Their daughter and her boyfriendwere brought to hospital with serious injuriesbut survived.

A tall grey-haired man in a yellow shirt smiles. He is standing next to a much-shorter woman with cropped dark hair.
John and Sandra Lush were killed when their SUV collided with a pickup truck on the Trans-Canada Highway around 4 a.m. on July 7, 2019. (Families Funeral Home)

At the time of the collision, police said one of the vehicles caught fire.

Villeneuve's lawyer Rosellen Sullivan told the court Tuesday that she intends to make a further application regarding evidence ahead of the beginning of the trial.

The case is expected to return to court in February.

Read more from CBC Newfoundland and Labrador