MOOSE JAW — Having been found guilty of six of eight charges, Ryan Milne swore in surprise before announcing that he wouldn’t accept the verdicts since he thought his situation was “a miscarriage of justice.”
Milne, 41, appeared in person in Moose Jaw Provincial Court on Oct. 21, where Judge David Chow read his decision following a multi-day trial in April and August that involved eight witnesses.
Police arrested Milne on May 30, 2024, and initially charged him with three counts of attempted murder, following a vehicle collision at the intersection of Thatcher Drive East and Highway 1. Officers determined that Milne was speeding and intentionally rear-ended another pick-up truck, which had his former best friend, his ex-wife and his six-year-old daughter.
Exiting his vehicle, Milne then assaulted the other driver with a baseball bat before he was subdued.
Based on the evidence, Judge Chow declared Milne guilty of three counts of dangerous driving to cause bodily harm, one count of assault with a weapon (a truck), one count of assault with a weapon (baseball bat) and one count of uttering threats to cause death.
However, the judge declared Milne not guilty of two counts of assault with a weapon using a vehicle.
Accused’s reaction
“Are you kidding me?” Milne said from the prisoner’s box, before speaking an expletive.
“Mr. Milne, that’s enough!” snapped Judge Chow.
Robbie Parker, the Crown prosecutor, and Olamide Ben-Ajayi, Milne’s defence lawyer, then discussed a return date when they could present their sentencing submissions; they settled on Thursday, Nov. 13, at 2:30 p.m.
Ben-Ajayi asked Milne whether the date was suitable, to which the man replied, “Well, with what just happened here and stuff, like, I’m definitely appealing this. I don’t agree with any of (Judge Chow’s) decisions.”
Continuing, Milne said, “If (the judge) thought it was intentional, then we should have just stayed with the (original charges of) attempted murders.”
Judge Chow interjected and said it was unwise for Milne to discuss the situation on the record, but the latter disagreed and said, “I’m a victim of the courts here.”
Chow replied that the man could appeal, with Milne agreeing, since the judge’s decision was on paper. He then attempted to argue — as he did during his trial — that he had hit the brakes before slamming into his ex-friend’s truck.
When Judge Chow reiterated the return date for sentencing submissions, Milne pointed out that if he weren’t sentenced before Sunday, Nov. 30, then the 18-month limit — as laid out in the Supreme Court “Jordan” case — would kick in.
In the Jordan case, the Supreme Court of Canada ruled that unreasonable delays in criminal cases violate an individual’s guaranteed rights under the Charter of Rights and Freedoms.
“This is supposed to be a speedy, expedited trial, and we’re going to run the whole 18 months?” Milne said incredulously, before the judge remanded him to jail until his sentencing. “Miscarriage of justice,” Milne stated.
As he was leaving the prisoner’s box, Milne remarked that he was “sick and tired of this,” while he accused Parker of having a conflict of interest — he never specified what it was — in being the Crown prosecutor on the case.
The judge ordered the court sheriff to remove Milne from the room, and as he left, Milne — voice rising in frustration — added that, from the start of his legal issues, he had asked other lawyers to be the Crown prosecutor.
Judge’s reasoning
With the three charges of dangerous driving to cause bodily harm, the judge said Milne was driving 92 kilometres per hour when he slammed into his ex-friend’s truck from behind. This caused significant injuries to the truck’s three passengers, injuries that were consistent with the collision’s “horrific” nature.
Chow noted that Milne intentionally created danger for other motorists on that road with his driving, which was a departure from the typical standard of care. Also, the judge didn’t accept Milne’s claim that his foot slipped off the brake or that he was unfamiliar with how his new truck worked.
With the charge of assault with a weapon (a truck), the judge said he didn’t believe Milne’s testimony that he saw his ex-friend, Brian Jean, glare at him from 150 feet away after leaving McDonald’s, a supposed action that precipitated the incident.
Instead of chasing after the man, Judge Chow pointed out that Milne could have contacted his friend by text, phone or a visit to his house. Yet, because Milne was angry that his ex-friend was dating his ex-wife, he “sought a confrontation” and purposely drove his truck at them.
With two charges of assault with a weapon using a vehicle, the judge said that he believed Milne’s claim that he didn’t know his daughter was in the truck and didn’t see his wife in the front passenger seat because it was pushed back.
With the charge of assault with a baseball bat, Judge Chow said he accepted Jean’s evidence that Milne approached him with the bat and swung at him, grazing his face. That testimony aligned with other witnesses’ comments.
Conversely, the judge said Milne’s explanation of using the bat was “nonsensical” and “wholly disbelieve(d)” him. While Milne admitted to exiting his truck with the weapon, he claimed that he did not swing, and he was carrying it because he had just been in a collision and potentially needed it for protection.
Instead, the judge noted that Milne could have stayed in his vehicle, or, if he was worried about it catching fire, he could have moved away from the scene. Yet, the judge concluded that Milne wanted to assault Jean further after the collision and took the bat with him.
With the uttering threats to cause death charge, the judge added that Milne threatened Jean’s life after he had been subdued and was angry about that.
