Hit-and-run driver tried to have car fixed, court hears   Play video

BRAMPTON, Ont. - After leaving a retired trucker dying on a Port Credit, Ont., street, hit-and-run driver Dominik Banka tried to have his car fixed, lying to a mechanic and an insurance agent about it being vandalized, a judge was told Monday.

But in the months since his arrest on Jan. 19, 2010 -- more than 15 hours after Charlie Woods died -- the roofer "spent hours and hours crying," lawyer Michael Czuma said. "He kept seeing the man and wondering why he didn't stop."

Banka, 30, later told a preacher, "I guess I don't know," Czuma told Justice Bruce Durno, adding his client concluded during counselling, "I guess I'm a coward."

The driver sought therapy after believing his "life was over" for killing Woods, worrying about his common-law wife and two young children, his lawyer said while summarizing a pre-sentence report to the judge.

Woods died after being thrown 28 metres on Lakeshore Rd. E., near the 75-year-old's above-store apartment, where he lived alone with his dog, Lucy.

Prosecutor Paul Renwick told Durno that Banka's brake lights came on briefly after the impact, but he drove off without checking the felled pedestrian.

At home, he admitted to his common-law wife "he thought he had killed someone," the prosecutor said.

Attempting to cover up what happened, Renwick said Banka took his car for repairs the next morning.

He was arrested at his home that afternoon, after Peel Regional Police issued an appeal through the media for public help.

Banka pleaded guilty on Jan. 19, 2011, to failing to remain at an accident scene causing death. Banka, who is not in custody, will be sentenced May 3.

Renwick is seeking a one-year jail term and a driving prohibition.

Arguing a lack of criminal record, his client's hard work since coming to Canada from Poland as a teenager, continuing family support, and Banka as the breadwinner for his children and their mom, Czuma requested a five-month to nine-month jail term and a longer driving ban as compensation for earlier release.

As his client sat quietly beside him with a bowed head and his family nearby, the lawyer submitted his client's written apology.

Earlier, Banka told QMI Agency he would not make a statement in court and later said "no, your honour," when Durno offered him a chance to speak.

Although Woods was no longer closely involved with his family, Renwick said his death had "a significant impact on his relations."

ian.robertson@sunmedia.ca