Former delivery driver acquitted in Prince Albert manslaughter case

By Nigel Maxwell

Shortly after being acquitted of manslaughter, a former Prince Albert delivery driver emerged from Court of King’s Bench with a smile on his face.

The verdict in Rajdeepsinh Bihola’s case was read by Justice G.A. Meschishnick just over a month after the trial’s completion.

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“I am feeling relieved today,” Bihola told paNOW.

In addition to noting a failure by the Crown to prove intent by Bihola to assault the victim, Meschishnick also noted a lack of physical evidence to support claims Bihola drove the vehicle in a manner dangerous to the public.

On May 18, 2022, 31-year-old Allan Andres was struck by Bihola’s vehicle outside the Arby’s restaurant he co-managed.

Just minutes prior, there had been a verbal argument between Andres and Bihola over a drink order that was messed up the day prior. Andres ran out the back door of the Cornerstone-area business and confronted Bihola, proceeding to kick and punch the delivery driver.

Bihola, who did not fight back, got back into his rental car and attempted to drive away.

Andres meanwhile, who had positioned himself near the front left side of the vehicle, was knocked to the ground, suffering both a serious head injury and a leg fracture. He passed away in hospital the following week.

From the onset of the court case, Bihola’s family and friends maintained it was an accident, and that was reiterated by Bihola.

“I trusted it was accident like I didn’t mean to do anything. I knew from the first day when I trusted the system,” he said.

Going forward, Bihola said he plans to leave the area and start his own business.

Several members of Andres’ family were in court for the verdict, including Allan’s widow, who appeared by phone, and Allan’s brother Gerald, who drove in from Edmonton.

“There’s something wrong with the justice system,” Gerald said. “My brother is buried six feet under the ground while that guy is going back out into the community.”

The reasons for the verdict

Because Bihola was charged with manslaughter and the incident involved the use of a vehicle, Meschishnick noted the requirement under the Criminal Code to also consider a lesser offence of dangerous dangerous driving causing death.

“There was no evidence as to the speed the accused’s vehicle was moving at the time of the incident or whether it was accelerating before the collision,” Meschishnick wrote.

A video played for the court during trial showed the vehicle briefly rising up off the ground, but it was unclear exactly what the vehicle had rolled over.

Among those to testify was a woman who claimed she saw Andres under the car and that the car had to be moved so paramedics could place him on a stretcher.

However, a pathologist’s examination determined there were no tire marks on the victim, and Andres was lying parallel to the vehicle, as opposed to a right angle.

“It can only be that it ran over the victim’s foot or lower leg while he is in a standing position leaning towards the vehicle with his right foot forward,” Meschishnick said, adding it is not apparent or obvious that any portion of the vehicle other than the front driver’s side came into contact with the victim.

The entire incident lasted less than five seconds, and multiple calls were made to 911. The first was from Bihola himself, after he stopped to check on Andres. Another witness arrived on the scene, pushed Bihola away, and tended to Andres until paramedics arrived.

During Bihola’s warned statement to police, which lasted more than 90 minutes, he was visibly emotional and repeatedly stated it was not his fault, insisting Andres got in his way.

“While this post-incident conduct does not itself necessarily lead to a conclusion that the accused did not intend to collide with the victim, it is certainly consistent with the conclusion that he did not intend to do so,” Meschishnick said.