Charges in fatal Radiohead stage collapse stayed over lengthy trial delays

Charges stemming from a fatal Radiohead concert stage collapse in 2012 were stayed Tuesday when a judge ruled the justice system had failed in allowing the case to take far too long to come to trial. The inordinate delays, Ontario court Judge Ann Nelson ruled, had violated the rights of those charged to a timely hearing.

“This case was a complex case that required more time than other cases in the system,” Nelson said in her 21page judgment. “After allowing for all of the exceptional circumstances that were in play, this case still will have taken too long to complete.”

The Supreme Court of Canada, Nelson noted, had set a presumptive ceiling of 18 months for proceedings in provincial courts, and this case — which would have taken almost five years to complete if it had gone to a second trial — would have lasted three times longer than that limit.

The case arose June 16, 2012, just hours before the British band Radiohead were due to perform in the north end of Toronto when part of the massive stage structure crashed down. Scott Johnson, 33, a British drum technician, was killed. Three others were injured. A year later, entertainment company Live Nation and Domenic Cugliari, an engineer, and contractor Optex Staging were charged with a total of 13 offences under provincial health and safety laws.

In the spring, with the case set to wrap up after 40 trial days scattered over 14 months, the presiding judge,