KAMLOOPS, B.C. — A B.C. Supreme Court judge has upheld the convictions of a man who recklessly drove his speedboat into a houseboat on Shuswap Lake, killing the operator.
Leon Reinbrecht argued that delays caused by the Crown and the court meant the case did not get to trial for nearly five years.
However, Justice Sheri Donegan dismissed his lawyers' application on Wednesday.
"The societal interest in the completion of this trial is high, so when I weigh and balance all these factors, I am satisfied Mr. Reinbrecht's right to a fair trial has not been infringed in this case," Donegan said.
Last October, Donegan found Reinbrecht guilty of criminal negligence causing death and criminal negligence causing bodily harm after the crash that killed Brown and injured at least five people in July 2010.
Donegan ruled Reinbrecht was speeding in his speedboat at night after post-Canada Day fireworks when he smashed into the slow-moving houseboat.
Seventeen months passed before Reinbrecht was charged, but that delay did not form part of the defence's argument.
Defence lawyer Joe Doyle argued the courts and the Crown are to blame for 46 months of delay from the time of the charge to conviction.
The case has seen one Crown lawyer retire and hand over responsibility to another. Reinbrecht is on his third lawyer. Delays were also caused by Reinbrecht's fight to obtain legal-aid funding, and a key Crown witness's pregnancy.
Donegan found that Reinbrecht suffered some prejudice as a result of the delays, but said society's interest in the case carried more weight.
Court has heard that Reinbrecht was speeding at up to 64 km/h while cutting donuts and zigzagging before the crash.
Brown's family was relieved with Donegan's decision.
"Every time we get together as a family, this is what we talk about — the next court date," said Patti Oliver, Brown's sister.
"He's alive. Ken is not. People are suffering from this and still are. So, if he suffers, so be it," she said outside court.
Oliver said she'd like to see Reinbrecht punished to the full extent of the law.
"The full amount of time, which we understand is about three years," she said. "He can't walk away from this."
Lawyers are slated to return to court on May 31 for sentencing submissions.
Reinbrecht is not in custody.
