By Nigel Maxwell

Shortly after being acquitted of manslaughter, a former Prince Albert delivery driver emerged from the Court of King’s Bench with a smile on his face.

The verdict in Rajdeepsinh Bihola’s case was read by Justice GA Meschishnick just over a month after the trial ended.

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“I feel relieved today,” Bihola said panNOW.

In addition to noting a failure by the Crown to prove Bihola’s intent to attack the victim, Meschishnick also noted a lack of physical evidence to support claims Bihola drove the vehicle in a manner dangerous to the public.

On May 18, 2022, 31-year-old Allan Andres was hit by Bihola’s vehicle outside the Arby’s restaurant that he was managing.

Just a few minutes before, there had been a verbal argument between Andres and Bihola regarding a drink order that had been messed up the day before. Andres ran out the back door of the Cornerstone area business and confronted Bihola, proceeding to kick and punch the delivery driver.

Bihola, who did not fight back, got back into his rental car and tried to drive away.

Andres, who had positioned himself near the front left side of the vehicle, was knocked to the ground and suffered both a serious head injury and a broken leg. He died in hospital the following week.

From the beginning of the trial, Bihola’s family and friends maintained that it was an accident, and this was repeated by Bihola.

“I trusted it was an accident like I didn’t mean to do anything. I knew from day one when I trusted the system,” he said.

Going forward, Bihola said he plans to leave the area and start his own business.

Several members of Andre’s family were in court for the sentencing, including Allan’s widow, who appeared by phone, and Allan’s brother Gerald, who drove in from Edmonton.

“There’s something wrong with the justice system,” Gerald said. “My brother is buried six feet under the ground while that guy is going back into society.”

Reasons for the verdict

Because Bihola was charged with manslaughter and the incident involved the use of a vehicle, Meschishnick noted the requirement under the Criminal Code to also consider a lesser offense of dangerous and dangerous driving causing death.

“There was no evidence as to the speed the defendant’s vehicle was traveling at the time of the incident or whether it was accelerating prior to the collision,” Meschishnick wrote.

A video played to the court during the trial showed the vehicle briefly lift off the ground, but it was unclear exactly what had overturned the vehicle.

Among those to testify was a woman who claimed she saw Andres under the car and that the car had to be moved so paramedics could place him on a stretcher.

However, a pathologist’s examination showed that there were no tire marks on the victim, and Andres was lying parallel to the vehicle, as opposed to at right angles.

“It could just be that it ran over the victim’s foot or lower leg while he is in a standing position leaning against the vehicle with his right foot forward,” Meschishnick said, adding that it is not apparent or obvious that any part of the vehicle other than the the front driver’s side made contact with the victim.

The entire incident lasted less than five seconds, and several calls were made to 911. The first was from Bihola himself, after he stopped to check on Andres. Another witness arrived at the scene, pushed Bihola away and tended to Andres until paramedics arrived.

During Bihola’s cautioned statement to police, which lasted more than 90 minutes, he was visibly emotional and repeatedly said it was not his fault, insisting Andres got in the way.

“While this post-incident behavior does not necessarily support the conclusion that the defendant did not intend to collide with the victim, it certainly supports the conclusion that he did not intend to do so,” Meschishnick said.