Thommachen Thomas Panackal, a man from Charlottetown, has been found not guilty of the charges related to a fatal crash that took the lives of two individuals near Borden-Carleton, P.E.I., two years ago. The crash resulted in the deaths of Dona Shaji and Jugal Mehta. Panackal faced multiple charges, including impaired driving causing death and driving with excessive alcohol levels. The verdict was delivered by Justice Gregory Cann following a four-day trial.
The key witness in the case was Albin Siby, the sole survivor of the crash besides Panackal. Siby and Panackal, who were longtime friends from India, had a falling out prior to the incident. On the night of the crash, Siby and Shaji had gone to Panackal’s residence, where they consumed alcohol before getting into Mehta’s car. The vehicle eventually crashed, and Siby was the only conscious occupant afterward.
Despite Siby’s testimony implicating Panackal as the driver, the judge noted concerns about the reliability of Siby’s recollection due to fatigue and alcohol consumption. Siby’s testimony exhibited inconsistencies over time, casting doubt on the accuracy of his statements. Ultimately, the judge ruled that while Panackal was present in the car with a high blood alcohol level, there was insufficient evidence to prove he was the driver responsible for the crash.
Panackal has been acquitted of all charges and is now free to go. He had been living in the community on bail with an ankle monitor, which will be removed. Panackal did not testify during the trial, with the defense citing a traumatic brain injury resulting in memory loss regarding the events of the crash.