Crown doesn’t need to prove crew member meant to kill missing passengers: judge

VANCOUVER – The judge in the trial into the Queen of the North ferry sinking has told the jury not to jump to conclusions about a crew member’s guilt based solely on the fact that two passengers may have died.

Justice Sunni Stromberg-Stein is continuing her instructions to the jury at the trial of Karl Lilgert, who was in charge of navigating the ferry which struck an island and sank in March 2006 off B.C.’s northern coast.

Stromberg-Stein is outlining the evidence presented during the four-month trial, as well as detailing the law that relates to the charge of criminal negligence.

The judge says for a conviction, the Crown must prove Lilgert acted with “wanton and reckless disregard” for the safety of the people aboard the ferry, and that his actions were substantially different than what a reasonable person in his circumstances would have done.

Stromberg-Stein says the Crown doesn’t need to prove Lilgert meant to kill or harm the two missing passengers, or even that he knew they would disappear, but only that he should have anticipated the risk.

Lilgert is charged with two counts of criminal negligence causing death, though the jury can also consider the lesser charge of dangerous operation of a vessel.