Parents who lost both children disappointed as judge finds driver who suffered seizure not guilty

A Calgary judge has acquitted a man who killed two siblings after he suffered an epileptic seizure while driving and crashed into their vehicle in August 2017.

The parents ofRashmi, 24, andRitvikBale, 20, said they were disappointedand felt hopeless after James Farkas, 44, was found not guilty by a provincial court judgeWednesday on two counts of criminal negligence causing death.

"In my view, the evidence shows that Mr. Farkas had taken reasonable steps to minimize the risk to the public posed by his illness," saidJudge Mark Tyndale before telling Farkas he was "free to go."

Outside the courtroom, Rajniand RaviBalesstruggled to contain their grief.

"We are really disappointed," said the siblings' father."We're feeling a little bit hopeless now."

When asked to describe his children, Bale teared up and said it was too difficult for him to speak about them.

• Driver who killed siblings while suffering seizure 'so, so sorry,' judge hears

Farkas's lawyer said the judge's decision was ultimately the right one. Hesaid his client was feeling "solemn" today.

"He's just trying to move forward in his life;by no means was he ecstatic and happy," said CurtisMennie. "This was still a very tragic event that unfortunately ended in the deaths of two young adults."

Menniesaid his client "can live his life without driving" and has no plans to ever seek a driver's licence again.

On Aug. 2, 2017, Farkas suffered a seizure while driving his pickup truckand sped throughthe intersection at 46th Street S.E., near 130th Avenue dragging a construction barricade under his vehicle. After the truck hit the curb on the centre island it continued to speed ahead slamming broadsideinto the siblings' sedan, which was exiting a Superstore parking lot.

A data event recorder in the truck showed the accelerator was floored until the collision and there was no steering input from the driver.

Ritvikwas killed instantly in the crash and his sister died in hospital shortly after arriving.

Before he began delivering his decision Wednesday, JudgeTyndale first addressed the Balefamily.

"I have five children and a grandson. I know you have gone through unimaginable loss," he said.

"No matter what happens, I cannot heal your pain nothing I do can bring back your Rashmi or Ritvik."

During the trial, prosecutor Andrew BargallegedFarkas was not properly managing his epilepsy, lied about when he'd last suffered a seizureand should not have held a driver's licence.

But Tyndale found that according to the "clear and unchallenged" evidence from Farkas and his doctor, he had been seizure-free for four years. That's well beyond the two-year recommendation set by Calgary'sEpilepsy Clinic and far more than the six months required by provincial regulations to acquire a driver's licence.

Tyndale also found Farkas was taking his medications faithfully and was also avoiding triggers like alcohol and lack of sleep.

TheBale family saysthey want to work with the provincial government to make it more difficult for drivers who suffer from seizures to geta licence to drive.

• MORE ALBERTA NEWS|Airdrie warns public of brazen coyote after 6-year-old attacked at light festival
• MORE ALBERTA NEWS|Alberta man found not guilty of manslaughter in death of suspected thief
• Read more articles byCBC Calgary, like us onFacebookfor updates and subscribe to ourCBC Calgary newsletterfor the day's news at a glance