Irish worker’s statements allowed in construction site death trial
Published Thursday, August 22, 2019 11:32AM CST
Last Updated Thursday, August 22, 2019 11:33AM CST
A Crown application to allow three-year old recorded statements has been approved at Saskatoon Provincial Court in a trial over a worker’s death.
Eric Ndayishimiye was killed on the job site at the Jim Pattison Children's Hospital in July, 2016.
A 1,200 pound piece of equipment fell on top of him and he died of his injuries.
The closest witness was co-worker Gerard McLaren who was attempting to move the table cart when it fell.
He gave two recorded interviews shortly after the accident to Occupational Health and Safety and subsequently moved back to Ireland. He is refusing to return to Canada for the trial.
Two companies, Banff Constructors, which employed the men, and Pilosio Canada, which provided the table cart, are charged in the man's death.
A judge ruled that the Crown can submit the recorded interviews as evidence despite the statements not being given under oath or subject to cross examination.
The judge said McLaren's two recorded interviews were consistent, sincere and corroborate with witness testimony.
Court heard from 13 witnesses during the review of the application and their testimony will be applied to the trial proper.
Proceedings will resume on Oct. 1 at Saskatoon Provincial Court.