Richard Gleeson
Northern News Services

Yellowknife (Nov 28/01) - Sixteen weeks before the 1992 explosion that killed nine miners at Giant mine, public officials were so concerned about workers' safety they believed the mine should have been shut down and all personnel removed from the site.

Court information has revealed that former acting chief mining inspector, Lloyd Gould, was inches away from ordering the mine closed in May of 1992, but he did not order the shutdown because two government lawyers advised against it.

This information surfaced in a Nov. 7 Supreme Court ruling by Justice John Vertes relating to a civil action launched by former Giant mine worker Jim O'Neil.

On Sept. 12, 1992 O'Neil was the first worker to discover the bodies of the nine miners who were killed in the deadly explosion.

O'Neil is suing the former owner of the mine and dozens of defendants including Roger Warren, who is now serving a life sentence for murder, the GNWT, striking miners, as well as Gould.

He is claiming more than $1.8 million in damages for psychological injuries and post-traumatic stress.

In his ruling, Vertes noted that Gould revealed during his examination for discovery that on May 27, 1992, he and two other safety officials advised the deputy minister of safety and public services the mine should be shut down.

They supplied a list of facts and justifications to support their view.

Vertes wrote that on May 28, 1992, Gould contacted Tony Whitford, then Minister of Safety and Public Services, to advise him "that in his opinion, the mine site was not secure and the health and safety of the workers on site was endangered."

In a response written the same day, Whitford stated he had "every confidence" that Gould, as acting mining inspector, "will exercise those powers entrusted to you as you see fit."

What happened next remains unclear as Gould, under examination, refused to provide answers about the legal advice he received, claiming attorney-client privilege.

On Nov. 7, Vertes ruled that Gould waived that protection when it was indicated the legal advice was a justification for not issuing the shutdown.

In his ruling Vertes ordered Gould to provide answers explaining what legal advice was asked for and what advice inspectors and the government received.

Yellowknifer reached Gould in Saskatchewan, however, he would not comment on the case.

Tony Whitford also had no comment for Yellowknifer.