Excessive speeder acquitted in collision death of Vancouver doctor

A man who was driving almost 140 km/h moments before hitting and killing a Vancouver doctor has been acquitted on one count of dangerous driving causing death.

On Nov. 14, 2015, according to court documents, Ken Chung's silver Audi slammed into the red Suzuki of Dr. Alphonsus Hui, sending Hui's vehicle airborne at the intersection of Oak Street and W. 41st Avenue.

Hui died at the scene from "multiple blunt force trauma sustained from the force of the crash."

In his ruling, Judge Gregory Rideout found that despite the "fatal and tragic consequences" of Chung's dangerous driving, "there is at least a reasonable doubt that such conduct amounted to a marked departure from the standard of a reasonably prudent driver."

"I conclude the momentariness of the accused's conduct in excessively speeding is insufficient to meet the criminal fault component, and he must be acquitted," he wrote.

Hui was southbound on Oak Street making a left hand turn onto 41st when Chung, who was speeding north on Oak in the curb lane, hit the passenger side of Hui's car.

Going 139 in a 50 km/h zone

It was determined Chung's Audi had accelerated to 139 km/h in the block before 41st Ave. It was also determined he was going 119 km/h at the moment of impact.

The posted speed limit is 50 km/h.

Chung did not testify at the trial, but his lawyer argued he had been driving responsibly except for the block or less when he "momentarily accelerated his high powered Audi to an excessive speed."

Crown counsel spokesperson Dan McLaughlin said the B.C. Prosecution Service is reviewing the case to determine whether to appeal, noting that "the appeal process under the Criminal Code is an onerous one."

In an unrelated incident, Chung was found guilty on a 2017 charge of excessive speeding last month.