Jury asks how to determine if ferry crew member caused passengers deaths

VANCOUVER – Jury members at the trial into the sinking of the Queen of the North passenger ferry have asked the judge two questions related to how they determine if an accused crew member caused the deaths of two missing passengers.

The jury at Karl Lilgert’s trial has been deliberating since last Tuesday, as it consider criminal negligence charges against the fourth officer.

Lilgert was in control of the ferry when it missed a scheduled turn and collided with an island shortly after midnight on March 22, 2006, leaving passengers Gerald Foisy and Shirley Rosette missing.

The jury asked the judge what level of contribution Lilgert needs to have surrounding the couple’s deaths for them to conclude that he caused their deaths.

Justice Sunni Stromberg-Stein told jury members that they must find Lilgert’s contribution was significant and not trivial, though she also said they don’t need to believe he intended or knew he would cause their deaths.

They also asked whether they can consider factors that reduce or negate his contribution in their deaths, to which the judge replied they could if those factors are grounded in the evidence.