Medical examiner testifies in garage fire death trial

A man who died after a fire at an auto-repair business did not have alcohol in his system at the time of his death, despitethe garage owner's suggestion the man was drunk when the fire broke out, a medical examiner testified inNova Scotia Supreme Court in Halifax Friday.

Elie Hoyeck is charged with criminal negligence causing death for the September 2013 fire at Your Mechanic Auto Cornerin Cole Harbour, N.S., that claimed the life of mechanic Peter Kempton. Hoyeckis the first Nova Scotiancharged under the Westray law, in which employers can be held legally responsible for the safety of their employees.

Kempton was using an acetylene torch to remove the gas tank from a derelict minivan when the vehicle ignited.

Hoyeck has pleaded not guilty and is being tried by a judge alone.

In Hoyeck's recorded interviews with police and labour investigators played incourt, he said he thought Kempton might have been drunk and suggested they take a blood sample.

Dr. Marni Wood, themedical examiner who performed the autopsy onKempton,told the court on Friday that a blood sample taken fromKemptonshowed no measurable alcohol in his system.Morphine administered for pain at the hospital wasthe only drugdetected in his blood sample.

Wood said the cause of death was "thermal injuries." She ruled the death accidental.

Hoyeck also suggestedKemptonwas nearly blind and accident-prone.

In the interviews,Hoyeckdisputes the suggestionKemptondied from the burns he suffered, saying he was fine when he was taken to hospital.

Hoyecksuggested to police that one ofKempton'srelatives might have killed him in hospital to get his money.

David Giles, an expert witness with 30 years of experience as an auto mechanic, begantestifying Friday about safety conditions at Hoyeck's business.He is the Crown's last witness and is expected to finish his testimony on Monday.

Gilestestified to deficiencies in the way the minivan Kemptonwas working on was positioned on a trailer, and said safety features were missing from the acetylene torch Kempton was using.

The jury in the trial was dismissed on Thursday. They were sent home after a juror questioned why one of the Crown prosecutorssearched her profile on LinkedIn.The judge agreed the optics of the situation were bad and it was better for the administration of justice to proceed by judge alone.

On Wednesday, Joe Spence, who was working alongside Kempton the day of the fire, told the jury that there was little safety oversight and several non-functional fire extinguishers at the auto-repair business.

The CBC's Blair Rhodes liveblogged from court.