The investigation into the fatal ammonia leak that left three men dead has taken an odd turn in a court dispute between the RCMP and the City of Fernie over a set of city-owned log books.
According to online court documents, the city requested that a provincial court judge allow city officials to 鈥渋nspect and make copies鈥� of a set of internal log books that were seized by the RCMP.
The log books are one piece of evidence in the Mounties鈥� investigation into October鈥檚 ammonia leak at a city-operated arena that left the community in mourning.
The court heard on Dec. 7 that during the recovery of the bodies, the RCMP came into possession of two log books that were kept inside the arena. The books contain detailed information about the operation and maintenance of the refrigeration system that presumably failed and caused the fatalities, documents show.
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Lawyer Glen Purdy, representing the city, argued that the manner in which the RCMP obtained the log books was improper and illegal, because they were obtained without a search warrant and located by a firefighter.
Without the log books, Purdy said the city would not be able to complete their investigation as required by the Workers Compensation Act.
But in court, the RCMP pointed out that according to the act, the city is responsible for carrying out an investigation 鈥渁s far as possible,鈥� and that it would not be penalized if there are circumstances beyond its control that would prevent them from completing the review.
RCMP further stated that in this matter, the city is not an 鈥渋nvestigative agency鈥� such as a police force, and 鈥渕erely an employer.鈥�
In her decision on Jan. 17, Honourable judge Lynal Doerksen sided with the RCMP that disclosing the seized log books could compromise the integrity of the criminal investigation.
鈥淕iven the nature of the incident: multiple fatalities with a possible criminal cause, it is obvious that it would not be in the public interest to jeopardize the RCMP investigation to assist the city with a statutory obligation,鈥� Doerksen said.
Mounties鈥� criminal investigation continues
Although officials have not provided any updates on the investigation so far this year, RCMP have said they aren鈥檛 ruling out criminal charges, such as criminal negligence causing death.
However, 鈥渋t must be emphasized that at this stage there is only the mere possibly of charges and no discussion or indication of the probability or likelihood of charges,鈥� the RCMP said.
According to court documents, city officials will receive the log books back once the RCMP investigation has concluded either because there were no charges or because the RCMP and the Crown Counsel would have to make full disclosure to the municipality if any charges are announced.
City officials declined to comment on the decision.
ashley.wadhwani@bpdigital.ca
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