Driver accused of speeding found not guilty in crash that killed Calgary student

Fairooz Shafin Munmun, 21, died on Thursday, Sept. 14, 2023. (Bangladesh Canada Association of Calgary)

The driver who struck and killed 21-year-old Fairooz Shafin, a University of Calgary student, has been found not guilty by the Alberta Court of Justice.

In a decision released Thursday, Justice J.D. Williams found Eugene Batuyong not guilty of “driving at an unreasonable rate of speed” contrary to Alberta’s Traffic Safety Act.

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The court heard that at 8 a.m. on Sept. 14, 2023, Batuyong was behind the wheel of a 2014 Ford Fiesta, driving eastbound on 24 Avenue N.W. between the Alberta Children’s Hospital and the University of Calgary.

Batuyong was in the northernmost lane on the eastbound side when he struck Shafin.

She later died at the scene.

Williams said Shafin was recorded on security footage walking across the street, outside of a marked crosswalk, when she was struck.

Batuyong, then 41, remained at the scene and was later charged by police for speeding.

During the trial, held in January, the defence conceded that Batuyong was the driver of the vehicle and the Crown said while he was not driving at an “egregious” speed, it was “still unreasonable.”

The defence contends Batuyong’s speed was only eight kilometres over the posted speed limit.

“While an individual can be driving at a speed over the posted speed limit and still be found to be travelling a reasonable speed, the fact that the speed driven is not significantly over the posted limit does not immediately suggest the speed was reasonable,” Williams said.

“‘All of the circumstances’ must be taken into consideration in recognition of the reality that a safe and reasonable speed on a specific roadway may vary depending on the time of day, volume of traffic, expected activity in and around the roadway at the specific time, weather conditions, and lighting conditions.”

Williams said, based on witness testimony, that there was “a regular occurrence” of jaywalkers at that spot in the road, which is also where there is a slight incline that would impede the view of oncoming drivers.

“Mr. Batuyong’s inability to see the area where the collision occurred for a period of time as he approached it because of this slope supports the Crown’s argument that driving a speed even marginally over the speed limit may be unreasonable in all the circumstances.”

Was driver’s vision impacted by sunlight?

The Crown said that given the time of day, it was reasonable to believe that Batuyong’s vision was impeded for approximately six seconds because of the sunlight.

Williams instead accepted Batuyong’s version of the events, which suggested he was blinded by sunlight from his right side that came in like a flash.

“The flash was ‘like a bright beam of light with a giant halo covering approximately a third to a half of his windshield on the passenger side,‘” Williams wrote.

“He indicated that he could see the majority of the lane he was in and pedestrian cross walk in front of him. After lowering the visor, he turned to the right and the impact occurred.”

Williams said it’s more reasonable to believe that Batuyong was blinded for less than five seconds and he was able to see the lane in front of him at all times.

“Sadly, what he could not see in that period of seconds when he lowered his visor was the other lane of the roadway. The lane in which Ms. Shafin was jaywalking.”

Williams said the situation was still a tragic one.

“It resulted in the loss of a brilliant young woman, something that can never be changed,” she said.

“That said, the court has a responsibility to assess and weigh the evidence presented and that evidence does not in this case reach the level of proof beyond a reasonable doubt that the speed driven by Mr. Batuyong was unreasonable in all the circumstances.”