Keith Dunford, accused in death of flag person Ashley Richards, could take stand Friday

In a Weyburn courtroom Thursday, a Regina man pleaded not guilty to the charges he faces related to the death of an 18-year-old highway worker.

Keith Dunford, 47, was charged with criminal negligence causing death and dangerous operation of a motor vehicle causing death in 2012.

On Aug. 24, 2012, Ashley Dawn Richards was struck by a vehicle and killed while working as a flag person on a highway near Midale, Sask.

It was her second day on the job, and she had only been flagging for 2.5 hours when she was killed. 

Richards had recently moved to Saskatchewan from Lakeside, N.B., and was pregnant at the time of her death, according to her fiancé Ben Diprose. 

The owner of the paving company Richards worked for, Reg Willick, was is in court for the trial.
    
"We use Ashley's death as part of our training, not to scare people, but to really warn people how dangerous it is," said Willick.

Trial underway

On Thursday, court heard from Katherina Neufeld, a long-haul trucker called as the Crown's first witness.

Neufeld described seeing a driver on the two-lane highway that was marked with warning sign. She testified that the accused was speeding and passing in the construction zone.

"I couldn't understand why he was passing everyone," Neufeld said. 

An RCMP officer who responded to the crash that day testified by phone and said there was no indication Dunford was intoxicated or high. 

The officer said the accused seemed "shocked."

Cpl. Jeff Burnett, the RCMP collision analyst that worked on the case, testified that there were road signs that indicated work zone rules and speed limits. 

Burnett said Richards' body was found 54 metres from the estimated point of impact, and that the driver was going 82 to 99 km/hr.

Burnett said in his opinion, the collision was caused by human error for a number of reasons: the driver had just completed a pass despite two no passing signs, the driver was speeding, and the driver didn't yield to a flag person in a marked work zone.

However, in court, defense lawyer Aaron Fox questioned where the flag person was standing, the placement of road signs, and whether Dunford could be expected to slow down since the signs listed a speed limit of 60 km/hr when passing workers.

Outside the courthouse, Fox indicated to reporters that it is possible Dunford could testify. 

"This is a tragic case. It's a sad case for everyone involved, so obviously you'll hear what we've got to say about it tomorrow," said Fox.

Incident sparks changes to work zone rules

The Saskatchewan government has acknowledged confusion over the work zone rules that were in place prior to 2012. 

While legislation imposed a 60 km/hr speed limit only when workers are present, new regulatory signs now extend the speed limit throughout a work zone regardless of whether workers are present. 

When workers are in the area, the fine is triple a regular speeding ticket.

In Manitoba, a driver was acquitted on similar charges in the death of 21-year-old flag person Brittany Murray because the rules at the time were not fully clear, nor were the events leading up to the collision.

The trial is scheduled to wrap Friday. The Crown is expected to call one more witness.