Crown appeals man's acquittal in death of 10-year-old Cape Breton girl

The Crown is appealing the acquittal of a Cape Breton man who's accused of killing a 10-year-old girl with his vehicle.

Colin Hugh Tweedie was driving the SUV that struck and killed Talia Forrest in July 2019.

Tweedie was charged with dangerous operation of a motor vehicle causing death, impaired driving causing death and failing to stop at an accident involving a death. He was acquitted of all charges following a trial in March.

Justice Mona Lynch of the Nova Scotia Supreme Court ruled that the Crown failed to prove that Tweedie drove the vehicle recklessly or while impaired.

During the trial, court heard that it was dark at the time Forrest was struck and Tweedie thought he'd hit a deer.

In a notice of appeal filed Thursday, Crown prosecutor Mark Scott said Lynch failed to consider Tweedie's blood alcohol content within two hours of operating the vehicle and failed to consider the whole of the evidence relating to live issues at trial. Scott said the the judge erred by "piecemealing" the evidence presented to her.

If he is successful with his arguments, Scott is asking the Nova Scotia Court of Appeal to convict Tweedie of impaired driving causing death and send the case back to the Supreme Court for sentencing on that charge and order a new trial on the other charges.

Scott says failing that, he wants the Court of Appeal to order a new trial on all of the charges.

Talia Forrest was riding her bike on Black Rock Road in Big Bras d'Or when she was struck.

Tweedie earlier pleaded guilty to obstruction in the incident.

No date for the appeal has been set.