Yellowknife (Mar 05/03) - Faulty switches are being blamed in the deaths of two workers at Diavik mine in the summer of 2001.

Supreme Steel Ltd., a subcontractor at the mine, is defending itself against charges it failed to protect its employees. The trial began last week.

Gerhard Bender, 33, and Greg Wheeler, 27, died on July 17, 2001 after the manlift they were working on tipped over.

If convicted, the Edmonton-based company, charged under the Mine Health and Safety Act, faces a fine of up to $500,000.

The trial began Feb. 24 in territorial court.

So far, Crown lawyer Noel Sinclair has called 10 people to the stand, including several eyewitnesses.

Heavy duty mechanic Lloyd Ermintrout examined the manlift to determine what caused it to tip over. Ermintrout testified certain safety limit switches in the manlift appeared to be seized and contaminated with foreign material.

The Crown contends these faulty switches caused the accident, arguing that when the switches are working properly, the equipment can't be placed in an unstable position.

According to an agreed statement of facts, cocaine was found in the men's urine and blood samples. Marijuana was also found in Bender's urine and blood.

The statement also noted the men were stopped prior to the accident by Paul Wharmoth, a Lac De Gras Concrete Ltd. supervisor.

Wharmoth noticed the driver, Bender, was accidentally pushing around a triangular wooden form. Wharmoth moved the wood and told Bender he should have walked around his machine before moving it.

Supreme Steel is represented by James W. Joosse of the Edmonton firm Joosse and Penonzek.

The trial will likely wrap up early next week.