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The admissibility of Donald Brodie's confession is being determined in Kelowna Supreme Court. 

The man who confessed to being behind the wheel of the car that struck a paper carrier in 2013 was back in Supreme Court Tuesday, as a judge continues to assess the admissibility of his confessions.

Donald Brodie was in a car along with several others in the early hours of Dec. 6, 2013, when the Eagle Talon they were inside drove through a police check stop, prompting a police chase.

During the chase, the car struck Steve Kania near Dundas Road and Highway 33 in Rutland, putting him in a coma and leaving him with a serious brain injury.

Nathan Fahl was originally charged with being behind the wheel, but two weeks after the incident, Brodie told police he was actually driving, after he had been arrested on unrelated charges on Dec. 20.

On Tuesday, Crown prosecutor David Grabavac argued Brodie's confession on Dec. 20 was voluntary, despite an RCMP officer bouncing a tennis ball near Brodie's head and singing I'll Be Home For Christmas, five days before the holiday.

Grabavac said the officer singing the Christmas tune was a way of “rubbing salt in the wounds” of Brodie.

“It wasn't the smartest thing to do but, in my respectful submission, it's not oppressive conduct, it wasn't threats towards Mr. Brodie,” Grabavac said. “There's nothing that any of the officers did that was oppressive.”

Grabavac said that while some of the officers' behaviour may be considered oppressive to some suspects, given Brodie's “background” and “personal characteristics,” highlighted by a tattoo on his chest that says “I kill cops,” this behaviour was not oppressive to Brodie, and the confession should be considered voluntary.

Following the Dec. 20 confession, Brodie gave two statements to police, one the next day on Dec. 21, and one on Feb 13, 2014, admitting to being behind the wheel on Dec. 6.

Grabavac says it was Brodie's remorse that resulted in the confession, and not any actions taken by the police.

In June 2014, Brodie sent a handwritten letter to several Kelowna media outlets, including Castanet, admitting to being the driver on Dec. 6 and expressing remorse for Kania's injuries.

Justice Martha Devlin is expected to decide on the admissibility of Brodie's evidence this week, with the trial continuing until the end of next week. 

The end of the judge-only trial is expected to conclude after two more weeks of trial near the end of September. Brodie remains in custody.