A lawyer for J. Cote and Son Excavating Ltd. took aim this week at the testimony of an ex-employee who claimed to have raised safety concerns before a fatal accident at a Burnaby worksite 12 years ago.
The Langley company is on trial in B.C. Supreme Court in Vancouver for criminal negligence causing death and criminal negligence causing injury.
David Green, a company foreman, faces the additional charge of manslaughter.
Both have pleaded not guilty.
The charges relate to an accident in October 2012, when a retaining wall collapsed into a storm- and sewer-line trench in a laneway behind Edinburgh Street, killing 28-year-old pipe layer Jeff Caron and seriously injuring his co-worker Thomas Richer.
'You're making up this conversation'
Richer testified during the first two days of the trial, which started Monday, telling the court he had complained multiple times of safety issues with the trench.
He said he had talked to Jamie Cote, the president and owner of J. Cote and Son, the day before the collapse and told him the trench was unsafe.
During cross-examination Wednesday, however, the company's lawyer, William Smart suggested that conversation never happened and Richer was making it up because he blamed the company for Caron's death.
"I'm suggesting you're making up this conversation to tie in the owner of that company, Mr. Cote, to tie him as being partially responsible," Smart said.
"No," Richer said.
"I'm going to suggest to you Mr. Cote wasn't even in the country on Oct. 10. You wouldn't know that."
"Yes, I would because he showed up on the job site."
During his testimony, Richer said that, before returning to the trench after a coffee break on the day of the collapse, he had noticed that a joint in the retaining wall had separated and the wall had shifted.
He said he raised the concern with Green but Green said the wall hadn't moved and told the crew to keep working in the trench.
About 10 minutes later, the wall collapsed into the trench, according to Richer.
But Smart noted Richer had given the court multiple examples of him refusing unsafe work during his time with J. Cote.
Given that context, Smart said it would have been "nonsensical" for Richer to have gone back into the trench if he actually believed it was unsafe.
Production bonus
Smart also challenged Richer about differences between statements he made to a WorkSafeBC investigator in October 2012 and those he made to an RCMP investigator in December 2014.
Richer told police he had heard Green talk multiple times about getting a bonus if the project was completed ahead of schedule,
"Every superintendent gets a kickback; that's what motivates them to push is that money," stated a transcript of Richer's police interview.
But when WorkSafe asked Richer two years earlier if he was aware of any production bonus, Richer said no, according to that transcript.
He told WorkSafeBC he had asked Green whether Green was getting a bonus and Green had said no, that everyone at the company got bonuses at Christmas.
When Smart asked Richer why he hadn't told WorkSafeBC about hearing Green talk about getting a bonus if the project was completed early, Richer said he wasn't sure.
"I'm going to suggest to you that you're making that up in 2014 because you're angry at the company, you're angry at Dave (Green), and you're just trying to embellish circumstances to make it look worse for them," Smart said.
"No," Richer said.
Criminal record
Smart also questioned Richer about his criminal record, which includes 26 convictions for crimes including assault, break and enter, threats, drug trafficking and possession, impaired driving and breaching court orders dating back to when he was a teenager.
His last conviction was in 2002 for stealing electricity for a marijuana grow operation.
At one point, when asked about his marijuana growing, Richer said "I'm a man with many skills."
"Well, you're also a man with 26 convictions," Smart replied.
Richer's cross-examination is expected to continue Wednesday with Green's lawyer, Brock Martland.
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