Yellowknife (Dec 03/03) - The trial regarding the deaths of two workers who were operating a Supreme Steel manlift at Diavik diamond mine in the summer of 2001 is expected to wrap up in the new year.

Oral submissions were heard Nov. 28 in Territorial court from defense lawyer James Joosse and Crown attorney Noel Sinclair.

Supreme Steel Ltd. has been charged with failing to take every reasonable precaution and measure to protect the safety of it's workers.

Gernhard Bender and Greg Wheeler were killed when the manlift they were operating tipped over, causing severe head injuries to both men.

Joosse continued to question whether any "diligence" could have prevented the event from happening, saying they do not believe the machine was defective before the tragedy occured.

"There is no evidence anywhere that the manlift operated unsafely prior to the event," he said.

Inspected and certified

He explained that the machine was inspected and certified before anyone operated it and each day a pre-operative check list was conducted on all of the machines before they were used.

"There is no evidence that was not done (on the day of the event)," he stated.

However, Crown attorney Noel Sinclair argued that the company did fail to take every reasonable measure to protect employees, stating the employees were not trained properly and the manlift was not certified or inspected properly.

"If either of those circumstances are proven, than the prohibited act is proven," he said.

Sinclair further argued that the safety limit switches were defective, putting the machine in an unstable position. As a result, he said, the angle of the raiser the men were in caused the manlift to tip when the centre of gravity shifted on the base of the machine.

The judge is expected to render a verdict on the case Jan. 23.

If convicted, the company could be charged a fine of up to $500,000 under the Mine Health and Safety Act.