A judge’s decision to dismiss drunk-driving charges in a horrific crash that killed a husband and wife and seriously injured two others, has left the victims bewildered and without justice.
John and Sandra Lush of Lewisporte died in a fiery crash after their SUV was struck head-on by a pickup driven by Nicholas Villeneuve.
The couple’s daughter and her boyfriend, Josh Whiteway, were in the back seat of the SUV and both survived. The collision occurred just before sunrise on July 7, 2019 just east of Gander on the Trans-Canada Highway.
Yesterday, the charges were dismissed after Judge Mark Linehan ruled that the rights of the accused were violated in the immediate aftermath of the crash.

Whiteway, who suffered severe burns and was left paralyzed, says the court wasted an opportunity to set a strong legal precedent. He says it was the perfect case to send a massive message nationwide about the repercussions of drinking and driving, adding that the courts and justice system failed the victims and their families “miserably.”
Villeneuve, now 22, had faced two charges of impaired driving causing death and two charges of impaired driving causing bodily harm.
There’s no word on whether the Crown will appeal.
Josh Whiteway spoke with VOCM’s Brian Callahan. Listen below:
























