On Friday, a crowd gathered outside a courthouse, filled with disbelief and sorrow after an Ontario judge dropped charges against a driver involved in a crash that killed three family members in Markham, Ont. The judge labeled the event as a “terrible mistake.”
Anthony Baglieri from Vaughan faced three counts of dangerous driving causing death. However, Justice Mark Edwards from the Ontario Superior Court of Justice ruled he wasn’t convinced that the Crown proved guilt beyond a reasonable doubt.
Baglieri was driving a dump truck southbound with an attached trailer on October 12, 2022, when he ran through a red light, colliding with an eastbound Acura at Markham Road and Elson Street, just north of Steeles Avenue East.
The accident resulted in the deaths of two siblings, Pateeran Puvanendran, 21, and Neluxsana Puvanendran, 23. Their mother, Srirathy Shanmuganathan, 52, sustained severe injuries and later passed away in hospital.
Pateeran was studying at Wilfrid Laurier University aiming to become a police officer and tragically died on his birthday. Neluxsana attended George Brown College and aspired to be a nurse.
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Puvanendran Poobalasingam, father and husband of those lost, wept after hearing the verdict surrounded by supporters outside Newmarket courthouse in Ont. (Keith Burgess/CBC)
The verdict led to protests outside Newmarket courthouse drawing members from York Region’s Tamil community.
Puvanendran Poobalasingam expressed profound grief saying: “My God. My life is gone. Three lives. Two young kids.” He added “Today me; tomorrow somebody else.”
The crowd yelled: “We want justice.”
Cousin Rojana Fernando spoke about how devastating their loss has been for their family noting that Pateeran and Neluxsana were both “good Samaritans” who aimed to support others within their community while growing up together.
“We have 30 cousins; it’s very close knit,” Fernando shared sadly. “Unfortunately now it’s never been quite right since they’ve passed away.” She emphasized that no justice had been served adding “This isn’t fair at all.” Family friend Aranee Murugananthan remarked that their fight isn’t finished yet; likely appealing this ruling is expected.
“We just want justice,” she stated firmly while acknowledging that while lives can’t be restored they still seek fairness regarding this case.” “When you operate any vehicle there’s responsibility involved – accountability should follow.. This feels incredibly unjust,” she added.
Ehsan Ghebrai representing Baglieri mentioned how his client felt remorseful but also relieved.
Evidence revealed there weren’t prior incidents over twelve years behind-the-wheel working for his employer. “It was well reasoned ruling overall considering all evidence beyond video footage,” Ghebrai commented further explaining how remorseful Baglieri truly feels acknowledging what happened led directly towards taking three innocent lives-with nothing done/said able ever bring them back.”
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‘Terrible mistake’ not criminal, judge says
In his decision, Edwards stated that Baglieri’s actions were not criminal according to evidence from a York Regional Police officer during cross-examination; nevertheless, the outcome was devastating. Edwards pointed out that Baglieri wasn’t under the influence or speeding and faced three potential distractions: sun glare, another vehicle blocking his view in the blind spot, and emergency lights from cars on the other side of the intersection. “These distractions may explain why Mr. Baglieri missed the red light and caused him to tell his employer: ‘I thought the light was green,'” Edwards said in his ruling. “Other reasonable drivers presented with the exact same circumstances may have responded differently but the law does not criminalize conduct because a driver made a terrible mistake,” he continued. “What happened on October 12, 2022 was a tragedy for the victims and their families. It was undeniably Mr. Baglieri’s fault.” The trial began with jury involvement but ultimately concluded as a bench trial.“We have 30 cousins; it’s very close knit,” Fernando shared sadly. “Unfortunately now it’s never been quite right since they’ve passed away.” She emphasized that no justice had been served adding “This isn’t fair at all.” Family friend Aranee Murugananthan remarked that their fight isn’t finished yet; likely appealing this ruling is expected.
“We just want justice,” she stated firmly while acknowledging that while lives can’t be restored they still seek fairness regarding this case.” “When you operate any vehicle there’s responsibility involved – accountability should follow.. This feels incredibly unjust,” she added.
Ehsan Ghebrai representing Baglieri mentioned how his client felt remorseful but also relieved.Evidence revealed there weren’t prior incidents over twelve years behind-the-wheel working for his employer. “It was well reasoned ruling overall considering all evidence beyond video footage,” Ghebrai commented further explaining how remorseful Baglieri truly feels acknowledging what happened led directly towards taking three innocent lives-with nothing done/said able ever bring them back.”
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