nb-moncton-courthouse-220

Gary Pellerin is charged with driving without due care and attention under the Motor Vehicle Act (Kate Letterick/CBC)

The Crown and defence delivered their final arguments Monday in the trial of a Codiac Transpo bus driver charged in the death of a Moncton pedestrian last year.

Gary Pellerin, 59, is charged under the Motor Vehicle Act with driving without due care and attention after Aurore LeBlanc, 46, was struck and killed while crossing the street at the corner of Main and King streets on Jan. 20, 2012.

Pellerin's lawyer Alison Ménard told the Moncton provincial courtroom it was a terrible accident, but that it could not be prevented.

She said LeBlanc was in a deep conversation with a friend as she was crossing the street and wasn't looking out for the bus.

Meanwhile, LeBlanc was in Pellerin's blind spot.

Ménard noted Pellerin had a green light, was not speeding and there was no indication of careless behaviour.

Crown prosecutor Maurice Blanchard, however, argued that LeBlanc was in the crosswalk when she was struck and two witnesses testified the walk light was on.

He also pointed out the driver was looking in the other direction when he hit the victim. Something distracted Pellerin and he looked away at the worst possible moment, the Crown said.

Blanchard argued it's only reasonable to expect a bus driver to pay more attention to pedestrians when entering a busy intersection.

The court previously heard LeBlanc was trapped under the bus and rescuers had to use a crane to lift it. She was pronounced dead at the scene.

Judge Jolène Richard is expected to render her verdict on Wednesday.