Greater Sudbury on trial for 2015 pedestrian death

The City of Greater Sudbury is on trial in connection with the death of a pedestrian on Elgin Street in 2015.

The city is facing six charges under the Occupational Health and Safety Act.

On Wednesday, Interpaving, the company the city contracted to do the construction work, was found guilty for failing to provide a traffic signaller. The company was fined $195,000. Two other counts against the company were withdrawn. On Wednesday, one charge against the city was dismissed.

In September 2015, Cecile Paquette, 58, was killed when a grader backed over her in downtown Sudbury.

The first witness called was ministry investigator Dawn Savignac. She spent 15 hours at the site looking into the incident. In court, she reviewed photos and surveillance videos of the incident, and went over her work orders issued to both Interpaving and the city.

Traffic control concerns

The operator of the grader, Interpaving employee Benoit St. Jean, took to the stand in the afternoon. He was questioned by Crown lawyer David McCaskill on the range of vision from mirrors on graders.

He also told the court that yellow caution tape had been put up in the area where the fatal incident took place, but added there was no fencing in the area.

St. Jean also said there were only two flagmen in the area around Beech and Elgin Streets. He said a temporary crosswalk was put up. He said some pedestrians chose not to use it and instead walked through the construction.

However, the morning of the fatal incident, he testified two city inspectors told him traffic lights would be used at the Beech and Elgin Street intersection for vehicles, and that he was to work with these lights. He testified he didn't support this because he felt it was too dangerous.

St. Jean got choked up as he described what happened to Paquette.

"I felt a bump and people yelling," he testified.

On his cross examination, defence lawyer Ryan Conlin asked St. Jean about his driving record. Conlin said St. Jean had more than 40 traffic convictions dating back several decades. He said the charges included speeding, impaired driving and disobeying stop signs.

Preventable death

Ivan McGregor, a labourer with Interpaving, who worked on the construction project, was called to the stand next. On the day of the incident, he was a flagman further down on Elgin Street, with his back to Beech Street.

McGregor said he saw quite a few pedestrians walking through the construction site and said he told them to use the crosswalk.

He testified what he saw the day of the fatality.

"I heard screaming," he said. "I turned my head. It was too late she was already on the ground."

McGregor also stated he believed the death could have been prevented if Elgin Street had been completely shut down to both motorists and pedestrians during construction.

The trial resumes Thursday.