Condition of garage where man died 'absolutely unacceptable,' says expert
Mechanic shop owner Elie Hoyeck charged with criminal negligence causing death
Testimony at the trial of the first Nova Scotian charged under the so-called Westray law ended Monday with an expert witness saying the condition of the garage where the fatal accident happened was "absolutely unacceptable" from a safety standpoint.
David Giles worked as an auto mechanic for 30 years. He told Justice James Chipman that investigators from the provincial Labour Department asked him to examine Elie Hoyeck's business right after the fire at Hoyeck's Your Mechanic Auto Corner in September 2013.
Hoyeck is charged with criminal negligence causing death over a minivan fire at his Cole Harbour, N.S., car business that killed employee Peter Kempton.
Hoyeck has pleaded not guilty and is being tried by judge alone in Nova Scotia Supreme Court in Halifax.
'No safe way to work'
"There is no safe way to work under that vehicle," Giles said when asked about the conditions shown in the photos of the minivan.
He also said only about a quarter of the ceiling lights in the garage worked and he observed numerous trip hazards, fire hazards, electrical issues and safety issues.
"I've never seen a garage in this condition," he told the court.
The court heard Kempton was using an acetylene torch to remove the gas tank from a derelict minivan when the vehicle ignited.
Giles testified Friday about deficiencies he saw in the way the minivan Kempton was working on was placed on a trailer. He said safety features were missing from the acetylene torch Kempton was using.
Hoyeck's lawyer, Trevor McGuigan, cross-examined Giles Monday afternoon.
Westray law holds business owners accountable
Once that cross-examination was complete, McGuigan said the defence wouldn't call any evidence. The lawyers will submit written briefs and make final oral arguments next Monday.
Chipman said he hopes to deliver a verdict early in 2019.
The Westray bill was introduced after the 1992 Westray mine disaster in Plymouth, N.S., that killed 26 miners. The Crown was unable to successfully prosecute mine managers under the existing legislation.
The Westray bill amended the Criminal Code to make it easier for authorities to hold business owners responsible for deaths or injuries to employees hurt on the job.