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Contractor found not guilty for overpass damages

Jun 9, 2015 | 5:59 PM

A local contracting company has been found not guilty of damaging the Shellbrook overpass.

Eagle Creek Contracting faced charges relating to more than $600,000 in damages to the overpass, which is on Highway 2 just north of the Diefenbaker Bridge, after an October 2013 incident. The repairs led to lane restrictions for a short period of time.

At the late May trial, eyewitnesses described a semi hauling John Deere machinery as the cause of the damage.

At trial, Crown prosecutor Evan Thompson argued that although not one piece of evidence alone proved Eagle Creek semi was responsible for the damages, when considered altogether the evidence proved its guilt.

According to the judge at Prince Albert Provincial Court, the Crown’s circumstantial case was not convincing enough for a guilty verdict.

The judge noted no debris from the bridge was found on the John Deere processor that Eagle Creek had been hauling that night. Additionally, there was no convincing evidence on the processor to indicate it cause the damage to the girder, the judge said.

While some markings were consistent with the possibility of damage, that didn’t count as conclusive evidence, he said in his ruling.

The judge also spoke to arguments about surveillance footage that had been made at trial.

Defence lawyer George Green stated it’s possible for more than one semi-trailer to haul a similar piece of equipment in the time span that was suggested by video collected from Parkland Ambulance’s cameras near Second Avenue West that night.

Thompson addressed that by saying “it really is a staggering coincidence” that such a specific semi would have covered that route around the same time that night.

The judge stated no evidence of the chances of that happening was presented, so Thompson’s argument was merely speculation.

Eagle Creek Contracting was found guilty of not having a permit to operate an over-height load under the Highways and Transportation Act, and has to pay a $100 fine with a $50 surcharge.

claskowski@jpbg.ca

On Twitter: @chelsealaskowsk