(The following report appeared on the CBC News website on December 7. Ken LeQuesne and Art McKay were members of the Brotherhood of Locomotive Engineers.)
CN Rail has been fined $75,000 after pleading guilty to one of three criminal charges in a derailment in northeastern B.C. that killed two men in 2003.
At the start of a trial in Prince George on Wednesday, Canadian National pleaded guilty to one charge of failing to ensure accordance with sound engineering principles on the bridge for several years before the train wreck.
Two charges – of failing to protect employee health and safety – were stayed.
In May 2003, a wooden trestle bridge collapsed west of the village of McBride, B.C.
A freight train plunged off the bridge into a ravine and burst into flames, killing conductor Ken LeQuesne and engineer Art McKay.
A federal Transportation Safety Board report released earlier in 2005 concluded bridge failure was to blame for the derailment.
The board’s report said a rotting wooden trestle bridge was poorly inspected and allowed to deteriorate, leading to the derailment.
Cause of derailment disputed
On Wednesday, Crown prosecutor John Cliffe said the two charges of failing to protect employee health and safety were dropped because experts disagreed on what caused the derailment and because much of the evidence went up in flames.
“At the conclusion of it, I had to make the decision ultimately that there wasn’t a reasonable prospect of conviction,” Cliffe said.
“Plainly stated, the Crown couldn’t prove the Canada Labour Code charges to the satisfaction of a criminal court, meaning beyond a reasonable doubt.”
The families of the two men killed were in court to hear the sentencing report.
They said they’re disappointed and angry about the decision.
CN asked for two weeks to pay the fine.