Appeal to begin for woman convicted of injuring girl in Saanich crosswalk

A woman convicted in a tragic crosswalk incident that left a young Saanich girl with life-altering injuries will begin appealing her case Wednesday.

Court documents show Tenessa Nikirk will start her BC Court of Appeals case in Victoria this week.

The 24-year-old is attempting to overturn her conviction on a charge of dangerous operation of a motor vehicle causing bodily harm.

Nikirk was found guilty last year for the 2017 crash that left 11-year-old Leila Bui with life-altering brain injuries. Nikirk was sentenced to two years in prison on Dec. 21, 2020.

Two weeks later, on Jan. 5, Nikirk was released from custody pending an appeal of her conviction.

As a condition of her release, Nikirk is not to get behind the wheel of any vehicle, according to her lawyer, Donald McKay.

During her trial, the court heard that Nikirk was texting and speeding when she struck Bui in a marked crosswalk.

A video expert testified that Nikirk’s SUV was travelling in excess of 100 km/h before the crash and only came to a stop about 18 to 20 metres beyond where it struck the girl in the crosswalk at Ash Road and Torquay Drive.

Witnesses also testified that Nikirk had crossed a solid yellow line into the oncoming lane to pass vehicles before the crash.

Bui suffered what the Crown described during the trial as "catastrophic injuries," including a permanent brain injury, a broken neck and a ruptured spleen.

At the time of Nikirk's conviction in 2020, the Bui family said it was mentally exhausted from going through court procedures and felt much of the process was unjust.