Cape Breton man charged in child's death pleads guilty to failing breathalyzer

A Cape Breton man whose trial began Monday on charges related to the death of a six-year-old boy has pleaded guilty to failing a breathalyzer test.

Paddy Brogan, 57, entered the plea at the beginning of his five-day trial. He is still standing trial on two other charges — criminal negligence causing death and impaired driving causing death.

Joshua Penny and his brother were riding their bikes around Florence, N.S., on the evening of Sept. 27 when, witnesses reported, a car drove onto the sidewalk and hit Joshua, dragging him onto the street. His brother was not hurt.

Joshua died 10 days later in the IWK children's hospital in Halifax.

Three of the four witnesses called to testify so far have been children.

One boy, who is now 10, told the court he was riding his bike with Joshua when he was struck by the car. He testified that he remembered Joshua was riding on the road, between the white line and the sidewalk.

The boy told the court that he saw Brogan's car coming down the street, heard a scream, and when he looked back he saw his friend Josh on the road.

None of the boys was wearing a helmet.

The Crown may call as many as 18 people, including several expert witnesses, to testify. It is also expected to introduce engineering and toxicology reports.

Five days have been set aside for the trial, which is being heard by Sydney provincial court Judge Anne Derrick.