Witness describes frantic efforts to save mechanic's life in auto shop fire

A mechanic who desperately tried to save a co-worker from burning to death testified Wednesday the Halifax-area auto-repair shop where they worked was a "mess," with little safety oversight and several fire extinguishers that didn't work.

In soft-spoken and emotional testimony, Joe Spence described in Nova Scotia Supreme Court the September 2013 vehicle fire at Your Mechanic Auto Corner in Cole Harbour that claimed the life of Peter Kempton.

The business's owner, Elie Hoyeck, is on trial for criminal negligence causing death. He is the first Nova Scotian prosecuted under the so-called Westray law, a Criminal Code amendment aimed at making it easier to hold employers accountable for deaths or injuries in the workplace.

In opening statements Tuesday, the Crown said Hoyeck was responsible for the death because he failed to adequately provide for Kempton's safety. Hoyeck has pleaded not guilty and is being tried by a judge and jury.

Spence was working alongside Kempton at Hoyeck's garage the day of the fire. He told a Halifax courtroom that he worked there for two years and received no formal training from Hoyeck, and doesn't believe any other employees did either.

"It was a mess," he said of the business. "Vehicles every which way, boats every which way, parts all over the place, almost like a maze."

That day, Spence said Hoyeck told him to remove the battery, oil and tires from an old minivan. He said Kempton was told to remove the catalytic converter and gas tank using an acetylene torch.

Spence said he was standing close by when Hoyeck gave the instructions and that Hoyeck did not say to bleed the gas line or look for hazards before using the torch.

'It just blew up'

Spence said what sticks out to him is that Kempton did not want to get underneath the minivan. Spence said he suggested to Kempton that he just reach under the vehicle with his arm so he'd have "room to flee" if something went wrong. However, Kempton did get under the vehicle.

"From that point it just seemed that everything went really quick," Spence testified. "It just ignited. It just blew up."

Spence said he ran into the garage to grab a fire extinguisher, but when he went to use it no fire suppressant came out. He grabbed two or three extinguishers, but "nothing worked."

As Spence ran next door to call 911, he screamed at Hoyeck to call 911. Spence said he was put on hold, then ran back to the garage where he heard Kempton's screams. 

The heat of the fire prevented him from getting close to Kempton. He said he didn't see Hoyeck nearby. 

Spence said he grabbed a raincoat and tried to beat out the flames on Kempton. He said Hoyeck came up and the two of them picked up Kempton.

"He was declothed but still had his boots on," Spence testified. He covered Kempton, whose skin was peeling, with the shirt off his back.

Hospital visit

Kempton was conscious and asked for water. Spence got a garden hose. As a crowd gathered around, Spence shouted for help and a nurse stepped forward.

As the ambulance arrived, Spence asked Kempton if there was anything he could do for him. Kempton asked that Spence contact his daughters.

Spence followed the ambulance to hospital but wasn't given any information since he wasn't family. The next day he returned to check on Kempton and bring him a card and a coffee, but hospital staff told him there was no one by the name of Peter there so he went home.

When it was Hoyeck's lawyer's turn to question Spence, he pointed out Spence had a criminal record and a history of drug use. One of the convictions was for public mischief for lying to police.

CBC's Blair Rhodes live blogged from the courtroom.