Medical examiner testifies in garage fire death trial
Despite what mechanic shop owner told investigators, deceased was not drunk at time of his death in fire
A man who died after a fire at an auto-repair business did not have alcohol in his system at the time of his death, despite the garage owner's suggestion the man was drunk when the fire broke out, a medical examiner testified in Nova Scotia Supreme Court in Halifax Friday.
Elie Hoyeck is charged with criminal negligence causing death for the September 2013 fire at Your Mechanic Auto Corner in Cole Harbour, N.S., that claimed the life of mechanic Peter Kempton. Hoyeck is the first Nova Scotian charged under the Westray law, in which employers can be held legally responsible for the safety of their employees.
Kempton was using an acetylene torch to remove the gas tank from a derelict minivan when the vehicle ignited.
Hoyeck has pleaded not guilty and is being tried by a judge alone.
In Hoyeck's recorded interviews with police and labour investigators played in court, he said he thought Kempton might have been drunk and suggested they take a blood sample.
Dr. Marni Wood, the medical examiner who performed the autopsy on Kempton, told the court on Friday that a blood sample taken from Kempton showed no measurable alcohol in his system. Morphine administered for pain at the hospital was the only drug detected in his blood sample.
Wood said the cause of death was "thermal injuries." She ruled the death accidental.
Hoyeck also suggested Kempton was nearly blind and accident-prone.
In the interviews, Hoyeck disputes the suggestion Kempton died from the burns he suffered, saying he was fine when he was taken to hospital.
Hoyeck suggested to police that one of Kempton's relatives might have killed him in hospital to get his money.
David Giles, an expert witness with 30 years of experience as an auto mechanic, began testifying Friday about safety conditions at Hoyeck's business. He is the Crown's last witness and is expected to finish his testimony on Monday.
Giles testified to deficiencies in the way the minivan Kempton was working on was positioned on a trailer, and said safety features were missing from the acetylene torch Kempton was using.
The jury in the trial was dismissed on Thursday. They were sent home after a juror questioned why one of the Crown prosecutors searched her profile on LinkedIn. The judge agreed the optics of the situation were bad and it was better for the administration of justice to proceed by judge alone.
On Wednesday, Joe Spence, who was working alongside Kempton the day of the fire, told the jury that there was little safety oversight and several non-functional fire extinguishers at the auto-repair business.