'Wasn't paying attention' man accused in death of flag person told RCMP

The Regina man charged in connection with the death of an 18-year-old highway worker told police in a tape recording that he wasn't paying attention before his vehicle struck the woman.

Keith Dunford, 47, is on trial for criminal negligence causing death and dangerous operation of a motor vehicle causing the 2012 death of Ashley Dawn Richards.

Following two days of testimony, the Crown made its final arguments Friday in a Weyburn courtroom. It argued that Dunford has admitted his vehicle hit and killed Richards on the highway near Midale, Sask. on Aug. 24, 2012.

Midale sits approximately 44 kilometres southeast of Weyburn.

The New Brunswick woman had recently moved to Saskatchewan. It was her first day working on the road crew. Her then-fiancé claimed she was pregnant at the time.

Although Dunford didn't testify, court heard a police interview conducted on Aug. 24, 2012, two hours after the fatal crash.

"I wasn't paying attention, I must admit," Dunford said on the tape. "I was looking at my paperwork."

After Richards was hit, Dunford said he left his vehicle in the middle of the road to try to help her. "I felt for her pulse. Couldn't find a pulse," he said on the tape.

Part of the Crown's case is that there were signs warning drivers that construction workers were ahead in the roadway area.

The Crown also argued that the whole issue of where signs are placed is irrelevant, because Dunford had passed through the construction zone earlier. In addition, he was speeding in an orange zone on an uneven highway, and he passed two semi-trucks in the zone, despite two no-passing signs, the Crown argued.

"If anyone should've been aware of the need for caution in a construction zone, it should've been Mr. Dunford," said the Crown, noting Dunford was had worked as a trucker. 

In defence of Dunford, lawyer Aaron Fox tried to pick away at inconsistencies between the testimony of Crown witnesses and their previous statements.

Fox argued that Dunford wasn't staring down at immigration papers as he was driving; he was try to collect them as they blew around inside his car. This is what distracted Dunford, according Fox's argument.

Relying on case law, Fox cited a case where the accused driver dropped a cigarette, looked down to get it and crashed. He noted the charge was not proven beyond a reasonable doubt.

"That's no different than the person whose cigarette fell. You have to consider it," Fox said.

"You have a person who didn't think he was entering a construction zone and had papers flying around and he bent down to get them. If he would have bent down and hit a pylon would you find him guilty of dangerous driving?" Fox said.

After both sides finished their arguments, the judge set a decision date in the case for Tuesday, Oct. 13.