Eddie Denkha spent three hours in a downtown court Monday denying that he was at the helm when a motorized pleasure craft crashed into rocks on Lake Ontario near Outer Harbour Marina on May 31, 2022.
The collision caused the boat to flip over, trapping those on board. Eight people managed to escape but 24-year-old Megan Wu and 34-year-old Julio Abrantes were trapped under the vessel and drowned.
Denkha was under withering cross-examination at the trial of Filip Grkovski. The 41-year-old Mississauga man is charged with eight charges including two counts of criminal negligence causing death and of impaired operation of a vessel causing death.
Grkovski’s lawyer, Alan Gold, suggested that Denka was driving fast to impress 24-year-old Megan Wu, whom Denkha admitted he was romantically interested in.
“No that’s not what’s happening, she was sleeping,” Denkha replied.
Gold countered: “Maybe if you woke her up, that would impress her.”
Denkha testified Friday he was sitting next to Wu and Julio Abrantes near the helm, while four other women were below deck, when Grkovski, who was fighting with his girlfriend who was below deck, came back upstairs fuming.
“He was mad at Vanessa, he pulled out his cocaine, he pushed the throttle, he floored the boat and I told him to slow down,” Denkha said. Moments later, Denka said the boat crashed, causing it to flip over.
Denka said when he swam out from under the boat, two women and Grkovski were on the rocks. Other witnesses including a police diver have already testified that Grkovski was in the water swimming, trying to save those passengers who were trapped under the overturned boat.
“I suggest to you that prior to you coming to the rocks and sitting with the two girls, Filip was visible in the water trying to help people trapped get out. Do you agree with that?” asked Gold. Denkha disagreed, saying he wasn’t paying attention.
“Do you remember the first thing you said to Filip?” asked Gold.
Demka recalled: “I said, ‘I saw Julio. Megan, I couldn’t see her. Pray to God you everyone gets out alive or else you’re going to be in big trouble.’”
Gold asked Denka if he knew what deflection was. After explaining it he told Denka, “That’s what you did. You knew Filip was going to come out of the water and have some bad words for what you’ve done and you deflected.”
Gold asked, “Of all the things to say, why would you tell a friend, ‘You’re going to be in big trouble’? Wouldn’t you say, ‘Oh my God, this is terrible.’ I suggest that’s exactly what you did because you knew what he was going to say to you. ‘You idiot, why did you do that?’
The defence then seized upon Denkha’s evidence-in-chief in which he told court he didn’t have a criminal record but clarified he had been charged “maybe 20 years ago.”
Denkha told Gold he had applied for a pardon and said the second he was granted a pardon, he assumed all his charges would be gone off his record. “I’m truly sorry, your honour. I was not trying to lie to the courts,” Denka said. He said police never asked him if he had a criminal record and believed his record was “all wiped out.”
The defence then asked about Denka’s convictions for assault, living on the avails of prostitution, theft under $5,000, another conviction for assault and finally a conviction for dangerous operation of a vessel in 2001.
Denkha denied he was driving a vessel at the time of the conviction and said it was for driving a vehicle. Gold asked why it said the offence was for dangerous operation of a vessel.
“I honestly don’t know. It wasn’t a vessel. It was a Honda Accord. I took a plea,” said Denkha.
Gold seemed surprised by Denkha’s explanation. “You’re telling us that of all the coincidences in the world, your criminal record shows a record for dangerous operation of a vessel?”
Denka replied, “You can call the station, it’s a vehicle, it’s a Honda Accord”
Gold persisted: “So I just want to be clear. It’s just an unfortunate coincidence that they recorded the conviction of the vehicle being a vessel. The criminal record comes to us telling us that you’re operating a vessel dangerously. Is that the most amazing coincidence or is that the universe telling us that you haven’t been yet but you will be?”
Denka stated over and over again that he was not operating the boat at the time of the collision on May 31, 2022.
“I promise you. It was Filip driving. I was sitting next to two deceased people,” he said.
Later, Gold pointed out that the two people who could have confirmed his story died tragically so it’s impossible to know if he was sitting next to them. “Your alibi is rooted in two people tragically who cannot come to court, can they?”
Grkovski has pleaded not guilty. The trial continues.