By Chelsea Laskowski

Overpass damage charges dropped against company driver

Dec 12, 2014 | 5:38 AM

The question of who was behind the wheel of a semi truck that hit and did over $300,000 worth of damage to the Shellbrook Overpass over a year ago may remain unanswered.

The incident, which witnesses on Oct. 30, 2013 said involved a semi hauling an over-height backhoe, led to a road closure and weight restrictions on the overpass just north of the Diefenbaker Bridge for a time.

Prince Albert Police thought they’d found the man who did it, but on Wednesday all related charges against Darren Smith were dropped.

Smith was implicated as the driver operating on behalf of the company Eagle Creek Contracting.

As the co-accused they’d faced charges of damaging the overpass and moving a vehicle exceeding maximum height and weight dimensions.

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The final charge was “having been in an accident, failure to notify the City of Prince Albert as soon as practical,” according to Crown prosecutor Evan Thompson.

Thompson says charging both the alleged driver and a company isn’t common. However, lawyer George Green said it is possible under the applicable legislation.

“You can be charged with these offences just by being the owner, the registered owner of this vehicle,” Green explained.

Green represented Smith until the charges were dropped, and still speaks for Eagle Creek in court.

Thompson wasn’t involved in laying the charges on the Crown’s behalf, but was involved in staying the charges against Smith.

“The Crown always has to be evaluating whether or not there’s a reasonable likelihood of conviction for charges in any case and in this particular case the Crown was of the view that there was not a reasonable likelihood of conviction against the individual charged,” Thompson explained.

However, the Crown is confident it can uphold its charges against Eagle Creek Contracting.

Having already entered a not guilty plea for Eagle Creek, Green flatly disagrees.

“They deny any involvement,” he said.

Thompson explained the possible outcomes for Eagle Creek pending a February 2015 trial.

“Essentially these charges are punishable by fines under the relevant legislation. There’s a question about what it would mean though if they were convicted. That’s something the lawyers will have to figure out after the fact,” he said.

Regardless of who was driving the vehicle, the City of Prince Albert was left on the hook for well over $300,000 worth of the damage repairs directly related to the Oct. 30, 2013 impact, said Wes Hicks, acting director of public works for the City.

The fixes included almost all girders ending up “so severely damaged we couldn’t just heat straighten them, we actually had to cut part of the flanges out and replace them. So it was quite an intensive and expensive process,” he explained.

The staying of the charge does not change the City’s plan to invoice the insurer, SGI.

“The legal proceedings are up to SGI and not us,” Hicks said.

 “Whether it’s a company or an individual the vehicles are licensed to someone and it was a vehicle that made the damages to the bridge.”

The tender for the full cost of the overpass repairs, which were contracted out to Graham Construction and Engineering LP, was $464,719.00.

The City council agenda for August 11 stated $419, 015 in repairs, which were needed after the 2013 crash and another after that, should be reimbursable by SGI.

With that work wrapping up this past fall, the final total cost and invoicing of the overpass work will be determined in a meeting with Hicks on Tuesday.

claskowski@panow.com

On Twitter: @chelsealaskowsk