Montreal

Accused in Lac-Mégantic trial won't mount defence

The lawyers for the three men charged in connection with the 2013 Lac-Mégantic, Que. tragedy have told the court their clients won't present a defence. Jurors have been asked to return to the Sherbrooke courthouse to hear final arguments Jan. 3.

Jurors to return Jan. 3 for final arguments in trial of 3 former MMA railway workers

Tom Harding, left, consults with his lawyers, Charles Shearson, right, and Tom Walsh at the Sherbrooke courthouse. (Alison Brunette/CBC)

The Superior Court justice presiding over the trial of the three former railworkers charged in connection with the 2013 Lac-Mégantic, Que. runaway train disaster sent the 14 jurors home for the holidays Tuesday, telling them to return to the Sherbrooke courthouse for final arguments Jan. 3.  

The trial, which began Oct. 2, was expected to last until Dec. 21, and Justice Gaétan Dumas had promised the jurors they wouldn't be sequestered over Christmas.  

The Crown wrapped up its case last week, and on Tuesday lawyers for the three accused stood up, one after the other, and informed the court their clients won't be presenting a defence.

Former Montreal, Maine and Atlantic (MMA) locomotive engineer Tom Harding, 56,  rail traffic controller Richard Labrie, 59, and operations manager Jean Demaître, 53, are on trial for criminal negligence causing 47 deaths.

Jury to return in new year 

Justice Gaétan Dumas explained to jurors why proceedings will spill over into the new year.  

"In the best case, I couldn't give instructions until Dec. 19, deliberating on the 20th, and after discussions, we think it's too tight, and we don't want you to feel obligated to rush a verdict," he said.  

"We've told you it's important that justice be rendered, and there is an appearance of justice being rendered."

We want you to deliberate in all serenity.- Superior Court Justice Gaétan Dumas 

"We told you you would be freed on Dec. 21, so maybe some of you have plans," the judge added.

Dumas told the jury the Crown and defence will make their final arguments in the case, beginning when jurors return on Jan. 3.

"I will give you directives on the 8th or 9th, at the latest," he said. "I understand we're asking a lot of you, but we want you to deliberate in all serenity."

Defence lawyers for Jean Demaître and Richard Labrie, Gaétan Bourassa, left, and Guy Poupart take a moment to chat at the Sherbrooke courthouse. (Alison Brunette/CBC)

"If you start deliberating on Jan. 9 or 10, I'm not worried that you will be able to fulfil your duty," said Dumas.

Dumas reminded jurors not to discuss the case with anyone over the holidays.  

Only 12 jurors will deliberate.  

Dumas said after he gives his final instructions, two jurors will be picked at random. They will not participate in deliberations.

Corrections

  • A previous version of this story reported the three defendants are charged with 47 counts each of criminal negligence causing death — one count for each person who died in the Lac-Mégantic rail disaster. In fact, prior to the trial, the Crown simplified the charge to a single count each of criminal negligence causing 47 deaths. The change has no bearing on the criteria used by the jury to render its verdict or on the possible sentence.
    Jan 15, 2018 7:08 PM ET