Sabastian Prosa drunk driving charges won't be stayed, judge rules

A judge ruled Wednesday that charges will not be stayed against a man charged with drunk driving in connection with a crash that left two people dead.

The lawyers for Sabastian Prosa, who was 19 at the time of the 2012 collision, had asked for 12 charges he faces to be dropped because a sample of his blood leaked during the investigation and couldn't be properly tested. 

• Crown calls attempt to drop charges a 'Hail Mary attempt'

Justice Glenn Hainey said the loss of the blood sample did violate Prosa's charter rights, but said he wouldn't stay the proceedings. The judge is expected to make a ruling in the case at an upcoming June court date.

"Results from the testing of his blood sample are not necessary for Mr. Prosa to put forward his defence. They may or may not have supported it," Hainey said.

The judge also allowed both sides to make further submissions after his decision. 

Prosa was behind the wheel of a GMC Envoy that struck a van carrying Jayanatha Wijeratne, along with his wife, Antonette, and their 16-year-old daughter, Eleesha, in August 2012. Jayantha Wijeratne, 49, and his daughter died in the crash, while Antonette Wijeratne suffered severe injuries.

Antonette Wijeratne told reporters she was glad the judge is moving forward with the trial and said she's looking forward to justice being served.

"We've been waiting for three years ... every day I wake up thinking that this is a dream," she told reporters outside the court.

Prosa has pleaded not guilty to all charges against him.

At trial, he has admitted to driving the vehicle that night, as well as to having almost double the legal limit of alcohol in his system at the time. But Prosa says he believes his drink was spiked on the night of the crash, and his lawyer, Alan Gold, argues the loss of the blood sample affects Prosa's ability to mount a full defence.