Worker appeals conviction in relation to death
New Brunswick's Court of Appeal has reserved judgment in the case of a worker who was found guilty of criminal negligence relating to the death of another worker six years ago.
The incident happened on Aug. 16, 2018, when 18-year-old Michael Henderson died while working for Springhill Construction on a project at the City of Fredericton's sewage plant. He had recently graduated from high school.
The project involved the construction of a large concrete structure called a clarifier, which had a hole in the centre leading to a horizontal pipe.
In the weeks leading up to the incident, King had discussed plans to use an inflatable plug to seal the pipe and conduct a watertightness test. On the day of the incident, while Henderson was cleaning the hole, King began filling the manhole with water, which eventually led to the plug sliding out of the pipe, trapping Henderson underwater.
Last year, Jason King, who was the supervisor at the construction site, was sentenced to three years in prison for criminal negligence causing the death. He appealed his case and was granted bail pending the outcome of his appeal.
“Much of the defence's case relies on the assertion that the trial judge, Justice Thomas Christie, erred in admitting into evidence a statement King gave to WorkSafeNB investigators,” according to a CBC report.
Patrick Hurley, King's lawyer, argued that King spoke with two investigators from WorkSafeNB several days after Henderson's death, and that his client didn't know at the time his statements could be used against him in a court of law, even if he understood they could be used as evidence.
Hurley also criticized the trial process, particularly the absence of testimony from the WorkSafeNB investigator about conversations with King before a recorded interview. The defense argued this absence was critical because it left questions about the context of King’s statements unanswered. Additionally, Hurley challenged the weight given to King’s recorded statement compared to his testimony in court, according to the CBC report.
Hurley also criticized the judge's decision to rely more heavily on the statement given to investigators than to King's testimony at court.
The Court of Appeal has not indicated when it will deliver its decision. Jason King remains out on bail while the appeal is pending.
