Criminal charges in 2006 death of underground mechanic stayed pending independent review

Six criminal charges in connection with the death of a Sudbury man underground at the Podolsky Mine in 2006 have been stayed while an independent review is conducted.

47-year-old Ray Campeau was a mechanic who was employed by a contractor at the mine.

A coroner's inquest found that he was working on the motor of a winch holding up a jumbo drill when the brakes on the system let go, causing the drill to drop and the motor's gears to spin.

He suffered fatal injuries to his legs.

Earlier this year, a judge approved six charges of criminal negligence causing death against Ontario's Ministry of Labour, an inspector who was employed by the ministry at the time, the former Dynatec Corp. and three others, based on information brought forward by Campeau's widow, Faye Smith in what's called a private prosecution.

A local Crown's office later took over that prosecution.

A lawyer with an independent arm of the Aatorney general's officeasked Justice Leonard Kim to stay the charges on Wednesday, Sept. 18, given the complexity of the case.

The stay was granted, which halts the prosecution during the review.

"The Crown must gather information and decide who, if anyone, should proceed to trial," said prosecutor John Corelli, who will also assess whether there's a reasonable chance of conviction.

He said outside the courtroom that he works for a section of the attorney general's office that handles complex cases that may tax the resources of local Crown offices.

He said he has up to a year to review the material and come up with a recommendation and will return to court to inform the parties regardless of the outcome.

Decision hoped for sooner rather than later

Faye Smith's lawyer, Michael Lacy, says his client has been waiting a long time for accountability in her husband's death and has shared extensive documentation with the independent Crown.

"We have to be hopeful that Mr. Corelli and the people from his office do an independent, objective review of the material that's been provided to them, and that they do so with some dispatch so we're not waiting in limbo," said Lacy.

He said, despite the length of time that has passed since Campeau's death, there is no statute of limitations on the charges, and Smith just wants justice to be served.

"And justice would be served by having a public trial where the question of accountability and criminality can be determined by a judge or a jury," said Lacy.