'We're so happy': New trial granted in driving death of 10-year-old Cape Breton girl

HALIFAX -

The Nova Scotia Court of Appeal has granted a new trial in connection with the driving death of 10-year-old Talia Forrest in 2019.

Senior Crown Attorney Glenn Hubbard said Thursday that Justice Mona Lynch failed to properly consider all evidence in the case.

In March 2022, the judge found Colin Tweedie not guilty of dangerous operation of a motor vehicle causing death, impaired driving causing death and failing to stop at an accident involving death.

He pleaded guilty to an obstruction charge.

Tweedie was driving the vehicle that struck and killed Talia in Big Bras d’Or, N.S, in July 2019.

At the time of the incident, police say Talia was out riding her bicycle with a friend.

During his trial, the court heard that Tweedie thought he had hit a deer

“Did the respondent know he was in a collision? Yes. Did he know what he hit? No. The Crown submits that the respondent did not want to know the answer to the second question,” said Hubbard.

Defence Lawyer Tony Mosvik said it was unfair to blame Justice Lynch and believed the trial was fair.

He said his client returned to the scene the night of the accident and didn't hide from police and ended his argument with this comment.

“At the end of the day and with any strategy, there's risk. Sometimes it works and sometimes it doesn't. In this case and the Crown, it didn't work and as some people say, 'Them's the breaks,'” said Mosvik.

Talia's family drove more than four hours from Cape Breton to be in the courtroom when the Nova Scotia Court of Appeal made their decision to grant a new trial.

“We’re so happy,” said one family member.

In its unanimous decision, the Nova Scotia Court of Appeal said the acquitted charges will be dealt with at a new trial.