Jessica Gray
Northern News Services
Yellowknife (July 28/06) - Yellowknife's acting fire chief is set to stand trial in connection with the 2005 deaths of two city firefighters.
Darcy Hernblad is scheduled to appear in territorial court with his Edmonton lawyer Sean Beaver Nov. 27.
The trial was set Tuesday by territorial court judge Robert Gorin.
Hernblad is charged with two violations of the NWT Safety Act: failing to take all necessary and reasonable safety precautions and failing to provide adequate safety training.
The two firefighters, Cyril Fyfe and Kevin Olson, died while fighting a shed fire on Old Airport Road in March 2005.
The crown attorney trying the case, John Cliffe, wasn't pleased with a decision to hold separate trials for Hernblad and the City of Yellowknife, which is also charged in the deaths.
A single hearing could "avoid multiple trials, the inconveniences and expenses of that," said Cliffe.
But Hernblad's lawyer argued that the city, charged with the same violations as the acting chief, hadn't pleaded yet.
"There is no formal application," said Beaver.
Beaver said Hernblad would not consent to a joint trial and was ready to proceed with his hearing.
Gorin said he would set the date for Hernblad's trial because the city would not be in court until Aug. 25.
"At the present time, we do not even have a plea from the city," said Gorin.
The Crown can still apply for a joint trial, he said.
Lawyers for the city asked for more time to go over information they received about the case.
Hernblad's trail is set from Nov. 27 to Dec. 22. If more time is needed, Gorin scheduled dates in March 2007.