Judge weighing bail for man accused in crash that killed father of three and crash that hit Ont. premier’s car

Steve Ryan reports from outside an Oshawa courtroom as an 18-year-old driver, who is accused of causing a deadly head-on collision, faces a bail hearing.

The man accused in a deadly crash that killed a father of three, just months after being charged with dangerous driving in a collision with Ontario’s premier, will spend at least another two days behind bars as a judge weighs whether to release him.

Jaiwin Kirubananthan wore a white shirt as he sat behind glass in the courtroom, occasionally putting his head in his hands, as he listened to testimony and arguments about whether he should get bail.

At one point, the 18-year-old mouthed “thank you” to around eight members of his family who attended the hearing in the Oshawa, Ont. courthouse.

Also in the courtroom were family members of Andrew Cristillo, the 35-year-old dad who was killed, and his three daughters injured, in the crash on Aug. 3.

• READ MORE: ‘Unbearable pain’: Driver who was charged after crashing into Ontario premier’s car accused in collision that killed father of 3

“Everyone that’s been supporting us — thank you for having our back. Please don’t stop. We want justice for Andrew and for this never to happen to you,” said his brother, Jordan Cristillo, outside court.

Cristillo, a site supervisor at a construction company with 17 years’ experience, was returning home with his family from a gathering at his parents’ home Sunday, Aug. 3.

As they travelled along Highway 48 near Aurora Road, they were hit head-on, his family members said, killing Cristillo on impact and seriously injuring his three daughters, 7-year-old Leah, 6-year-old Chloe, and 4-year-old Ella.

The OPP said at the time Kirubananthan fled the scene.

Compounding the tragedy faced by the family, Cristillo’s widow Christina had recently been diagnosed with advanced breast cancer.

That was only months after another serious crash in January, where authorities allege Kirubananthan was driving dangerously and hit an OPP cruiser carrying Ontario Premier Doug Ford.

• READ MORE: Ontario Premier Doug Ford unharmed after Highway 401 collision, 18-year-old driver charged

Court records show Kirubananthan likely faced a 30 day driving ban in the January collision, which is mandatory after a stunt driving charge.

But as for the dangerous driving charge, police at the scene opted not to arrest him but instead give him a Form 9 appearance notice. That meant he could continue driving without restrictions until his trial, expected in December.

“In this case, a summons was sent out, the charge was before the court. There was no bail hearing or other procedure. Then unfortunately he went out driving again and may have caused this immense tragedy,” said Joseph Neuberger, a lawyer who is not connected to the case but has seen the court documents.

Police have the option to arrest, but what happened is the usual procedure for dangerous driving that doesn’t cause death or bodily harm, said Neuberger. Any further restrictions before a conviction could be unconstitutional, he said.

“These are not the cases to make policy decisions. We have to take into consideration the vast majority of cases,” he said.

But road safety advocate Jess Spieker with Friends and Families for Safe Streets said our justice system should take cases of road violence much more seriously.

“This is all so preventable,” she said. “We have the tools to prevent this from happening, and we continually choose not to employ them.

“In a case where a driver is charged with dangerous driving, why on earth do we allow them to continue driving?”

CTV News asked Ontario Solicitor General Michael Kerzner whether he supported restrictions on drivers after they faced a dangerous driving criminal charge.

“At the end of the day, if people can’t live within the law, if they feel that they want to act in a way that’s not keeping with our laws in Canada, they belong in one place and that’s jail,” he said.

The bail hearing lasted some seven hours. The court will resume on Friday with the judge indicating she will return with a decision on whether to release Kirubananthan and, if so, whether she will apply any conditions to the release.

A Gofundme online fundraiser to support the girls, set up by Christina Cristillo, has now crested $400,000 in donations, and is filled with loving comments.

“We were all robbed of a beautiful soul, so full of life, happiness, and of course jokes. We are always here for you girls, Andrew’s girls,” wrote Stella and Daniel Iamundo in a note accompanying their donation.