That was the key question argued last week to determine the fate of Palmer, a 32-year-old Milton man who’s been charged in the February 23, 2007 death of fellow area resident Jason Wood, 33.

Submissions from the Crown and defence wrapped up the evidence portion of Palmer’s trial, which started eight months ago.

At no point during the trial has defence lawyer Michael Caroline called any witnesses to the stand, including Palmer. This is in stark contrast with the many Crown witnesses — mostly police officers — who took to the stand.

Palmer, his common-law wife, Lori McKinley, and Wood were driving eastbound on Steeles Avenue at Fifth Line at about 3 a. m. the night of the tragedy when their car slammed into the back of a stationary tractor-trailer pulled over at the side of the road.

Wood and Lori McKinley were thrown from the vehicle; Wood was killed instantly while McKinley suffered serious injuries.

Palmer wasn’t seriously injured.

Palmer has pleaded not guilty to charges of impaired and dangerous driving causing death and bodily harm in connection with the collision, as well as to driving with over the legal limit of alcohol in his blood.

Crown attorney Laurie Jago argued before Judge Stephen Brown at Ontario Court of Justice in Oakville that Palmer had been driving and was lying when he told officers who responded that a fourth person had been at the wheel.

That isn’t consistent with the evidence, she told the court.

Reviewing witnesses’ testimonies, Jago said Palmer, Wood and McKinley were the only three people in the car that night after an evening of drinking at the Hardball Café and Charley Fitzwhiskey’s.

When the driver of the tractor-trailer — who was offloading equipment when the collision happened — rushed to the crumpled-up car, he testified he didn’t see any fourth person, Jago told the court.

She reviewed police officers’ testimonies, in which they said they’d done extensive searches but found no fourth person who could’ve been the driver.

“He (Palmer) has fabricated a fourth person,” Jago told the court.

In addition, Jago said the seating arrangements Palmer relayed to police didn’t make sense. Although Palmer said he’d been in the back seat with Wood while McKinley was beside the driver, evidence of shattered glass on the seat showed one of the back seats wasn’t occupied, the court heard.

And why would Palmer’s wife sit beside someone she’d just met while her husband sat in the back? she asked the court.

“If you know nothing about him, what’s he doing driving your car with your wife in the passenger seat?” she asked.

Officers testified Palmer showed a complete lack of emotion after the crash, and they didn’t think it was shock, Jago told the court. Officers testified he smelled of alcohol.

Jago said Palmer didn’t offer any assistance to police trying to identify Wood’s body.

Later that night, intoxilyzer samples showed Palmer had over the legal limit of alcohol in his blood when the crash happened, the court heard.

Caroline spent his time casting doubt on the validity of the Crown’s evidence, calling into question the testimonies of police officers.

He refuted many of Jago’s allegations, including that Palmer tried to hide the identity of Wood. He was actually open and forthcoming, the court heard.

With the tractor-trailer more than halfway onto the road, there was a definite safety hazard, Caroline said, and the truck’s beacon light wasn’t very bright.

As far as a fourth person, Caroline told the court it was possible. There was ample time for such a person to run away before the driver of the tractor-trailer or police arrived on the scene.

As well, he told the court there’s no evidence proving there were only three people in the car.

Responding to Palmer’s lack of emotion, Caroline told the court that could have been caused by shock, contrary to the Crown’s position.

Caroline repeated an officer’s testimony that Palmer was picking glass from his hair, which he said indicates the accused was sitting in the back, since the front windshield didn’t smash.

Concluding his submissions, Caroline questioned why the airbag wasn’t tested for DNA.

“There’s a total absence of scientific evidence,” he told the court.

As for the intoxilyzer results, Caroline said a third sample should have been taken since the first two varied widely; he pointed out the first sample wasn’t taken until hours after the collision. He also questioned whether the equipment was in proper working order.

As usual, Palmer sat suit-clad and poker-faced throughout the day. His mother, who’s been at every one of his court appearances, followed suit a couple of rows behind him.

Also present was Wood’s brother, who at times seemed to struggle to keep his anger in check as he listened from the back row.

Brown will deliver his judgment January 14 in Oakville.

Stephanie Hounsell can be reached at sthiessen@miltoncanadianchampion.com .