The Welland Tribune

Deliberate without regard to public opinion: Judge to jury

- STEPHANIE MARIN

SHERBROOKE, Que. — The three accused in the Lac- Megantic railway disaster must be judged without sympathy or prejudice and without considerat­ion of public opinion, Quebec Superior Court Justice Gaetan Dumas told jurors Wednesday in his final instructio­ns.

Dumas began speaking to the jurors one day after defence lawyers for the accused wrapped up their closing arguments.

When he is done, 12 of the jurors will be sequestere­d to deliberate the fate of the former railway employees.

“You must consider the evidence and make your decision without sympathy, prejudice or fear,” Dumas told the jury. “You must not be influenced by public opinion.”

Tom Harding, Richard Labrie and Jean Demaitre are charged with criminal negligence in the disaster that killed 47 people in July 2013 when a runaway train carrying crude derailed in LacMeganti­c and exploded.

They have pleaded not guilty. Harding was the train’s engineer, Labrie the traffic controller and Demaitre the manager of train operations.

Dumas said the jury is charged with rendering three separate, unanimous verdicts based solely on evidence heard in the courtroom.

The trial judge added that neither the now- bankrupt company that owned the derailed train, Montreal, Maine and Atlantic Railway, nor its administra­tors were on trial.

The trial involved only the three employees accused of being individual­ly and independen­tly criminally negligent from July 4 to 6, 2013, he said.

Dumas explained to jurors some elements of criminal law, such as the fact the three accused are not required to prove they are innocent. In fact, he said, they have nothing to prove.

It’s up to the prosecutio­n, he continued, to prove beyond a reasonable doubt the behaviour of the three men — by their actions or omissions — constitute­d a marked and important departure from what a reasonable person would do under the same circumstan­ces.

 ?? RYAN REMIORZ/ THE CANADIAN PRESS ?? Manager of train operations Jean Demaitre leaves the courtroom Wednesday, in Sherbrooke, Que.
RYAN REMIORZ/ THE CANADIAN PRESS Manager of train operations Jean Demaitre leaves the courtroom Wednesday, in Sherbrooke, Que.

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