Canadian Underwriter
News

Crown seeking to skip preliminary hearing for Lac Megantic train driver: lawyer


March 11, 2015   by THE CANADIAN PRESS


Print this page Share

LAC-MEGANTIC, Que. – The lawyer for the train driver charged in the deadly Lac-Mégantic disaster says Crown prosecutors are seeking to prevent his client from having a preliminary inquiry.

Attorney Thomas Walsh says the Crown informed him today in a letter that it will seek a preferred indictment, which would fast-track the high-profile case past the preliminary hearing.

The lawyer for an engineer charged over the Lac-Mégantic, Quebec train derailment says the Crown wants a preferred indicTment

Train driver Tom Harding and two other railway employees are each facing 47 counts of criminal negligence causing death – one for each victim of the July 2013 oil-train derailment in the Quebec town. A conviction carries a maximum life sentence.

Walsh says stripping Harding of a preliminary hearing blocks lawyers on both sides from hearing certain witnesses and deciding which parts of their testimony is credible.

Related: Ottawa proposes new insurance requirements for railways hauling crude oil, toxic inhalation hazards

He says preliminary inquiries save time and that the Crown’s decision does a huge disservice to the administration of justice.

A spokesman for the prosecutor’s office says he cannot comment about something that has yet to be presented in court.

Walsh says the preferred indictment will be difficult to contest because he doesn’t know the Crown’s decision-making process behind the request.

Harding was set to appear Thursday in a Lac- Mégantic court to set a date for the preliminary inquiry, but Walsh said it has been cancelled.

RelatedSpate of oil train derailments in Canada, US raising new alarms about safety

Walsh said Harding will be given a new date to appear before Quebec Superior Court.

He said he didn’t know if the Crown was also seeking preferred indictments for Harding’s co-accused.


Print this page Share

Have your say:

Your email address will not be published. Required fields are marked *

*