A judge ruled that the woman likely drank cocktails made with recalled gin that was nearly twice as strong as labelled, unbeknownst to her.
At a dinner party with friends on the night in question, in late January 2017, she drank one glass of red wine while preparing dinner, between 9 and 10 p.m., and a second while eating.
But around 1 a.m., police received a call about a car accident. When they arrived, they found Ben Mohamed struggling to park. Her car was badly damaged. The gin wasn’t considered unsafe at 77 per cent alcohol content, but people were advised not to consume it. The Société des alcools du Québec urged customers to return the bottles for reimbursement.
At trial, the prosecution argued the entire defence was speculative and Ben Mohamed would have noticed how strong the gin was while drinking it. Mouscardy rejected the argument, in part because the cocktails included mixers that could have masked the taste.
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