The Crown has wrapped up part of its case in Saskatoon Provincial Court in a trial for two Alberta-based companies charged in a death at the construction site of the Jim Pattison Children’s Hospital hospital.
They were charged following the July 2016 death of 21-year-old construction labourer Eric Ndayishimiye, who died when a 1,200 pound piece of equipment fell on him.
The last person to handle that piece of equipment, a key witness, has since moved to Ireland and he's refusing to return to Canada for this trial.
Gerard McLaren was interviewed by Occupational Safety and Health six weeks after the accident. That three-year-old interview was played in court this week and in it he says he believed he removed two “pins” on the table cart just before it toppled.
He worked for Banff Construction, which has been charged in the death along with Pilosio Canada, who provided the equipment.
The judge is expected to rule on Thursday whether the recorded interviews between McLaren and OHS investigators can be submitted as evidence.
The Crown says McLaren has been uncooperative and refusing to travel from Ireland to testify.
Part of the process was for the Crown to call 13 witnesses since the trial started last week. Many of them were co-workers including crew leaders. Many of the questions from defense layers focused on training and procedures on the site.
The lawyer for Pilosio Canada is also arguing that separate trials take place for Pilosio and Banff Construction.
Graham Construction was the main contractor on the site at the time and subcontracted Banff. Graham is not facing any charges.
