A photo taken of the shrine at the home where Allan Andres lived with his wife and two daughters. (Nigel Maxwell/ paNOW Staff)

By Nigel Maxwell

Court proceedings

Prince Albert restaurant manager struck by vehicle after argument with delivery driver: trial

Oct 1, 2024 | 5:00 PM

An argument over a drink order led to a chain of events that ended with a restaurant manager getting struck by a vehicle, falling to the ground and smashing his head on the concrete.

Those are among the tragic details heard on Tuesday at the trial for Rajdeepsinh Bihola at Court of King’s Bench in Prince Albert. He is facing a charge of manslaughter in the death of 31-year-old Allan Andres in May 2022.

Cst. Braden Blais who works with the Prince Albert Police Service and was the lead investigator, represented the Crown’s first witness. He explained that through their investigation they learned Bihola, who worked as a Skip the Dishes driver, had pulled up to the drive-thru window to pick up an order and became involved in a verbal argument with the managers which was recorded on the victim’s phone.

The argument had to do with a complaint made by a customer the day prior concerning a drink order. The drink the customer refused to accept was visible in the car when Bihola pulled up to the window, prompting accusations he had stolen the drink.

Bihola, who by this time had already taken the new order, responded to the verbal assault by tossing one of the drinks to the ground and driving forward.

Court proceedings

Former delivery driver acquitted in Prince Albert manslaughter case

13h ago

Award season

Nominations for 34th annual Samuel Mcleod Business Awards now open

15h ago

East Hill assault

Man stabbed in home on 19th Street East

18h ago

He would not get far as Andres, who had emerged out the back door, confronted the white Mazda. Bihola then got out of the car and was slapped in the face by Andres and kicked twice.

Bihola then got back in the car and tried to drive away, but while doing so struck Andres on the front left driver’s side. Andres immediately fell to the concrete ground, hitting his head on the pavement and going unconscious.

One of multiple pictures taken at the scene and discussed in court on Tuesday. (Nigel Maxwell/ paNOW Staff)

Moments later multiple calls were made to 9-1-1 including one from Allan’s hysterical and very emotional wife, and another from Bihola who had stopped to check on Andres. All the callers urged paramedics to come quickly and cited the fact Allan was bleeding profusely from the head.

While paramedics tended to Andres, Bihola remained at the scene and was initially arrested on charges of aggravated assault and assault with a weapon.The charge was upgraded the following week when Andres passed away in hospital.

“He appeared very shaken, he was trembling, and he was crying,” Blais testified about his encounter with Bihola, when he later conducted the interview at the police station.

The nearly 90 minute long warned statement was played for the court and Bihola was visibly emotional.

“It was not my fault,” he told Blais on multiple occasions. “I didn’t do anything wrong.”

When asked what happened after he got out of the car, Bihola stated he is not the type of person to hit back and so after being assaulted by Andres, drove away.

“I told him I’m calling the cops,” he said

As the lengthy video was played, Bihola sat in the prisoner’s box and on multiple occasions, removed his glasses to wipe his eyes.

Upon cross-examination, defence lawyer Garth Bendig asked Blais about the inspection of the car and whether there was any blood found or fibers from the victim’s clothing.

“”No”, Blais replied.

Blais confirmed prior to police arriving at the scene, the White Mazda had been moved from its original location. (Nigel Maxwell/ paNOW Staff)

During the interview with Bihola, Blais commented he saw no visible signs of injury to Bihola’s face from the alleged assault.

Blais was asked during cross-examination about the sunglasses Bihola was observed wearing when he entered the drive-thru but was no longer wearing when he was arrested. According to Bihola, they were knocked to the ground when he was slapped in the face.

“I don’t recall anything being said about sunglasses,” Blais said with respect to his interview with Bihola.

A total of four days have been set aside for the trial and the Crown’s remaining witnesses include another police officer as well as a number of civilian witnesses.

Member of the victim’s family have travelled from Edmonton to attend the trial.

Bihola is currently out on bail and also had a supporter in the courtroom..

nigel.maxwell@pattisonmedia.com

On Twitter: @nigelmaxwell