RCMP say release of information could lead to destruction of evidence and witness intimidation
The Crown is seeking to maintain secrecy surrounding an ongoing investigation into last year's fatal flash fire at the Come By Chance refinery in eastern Newfoundland, citing the risk of evidence destruction and witness influence, according to court filings obtained by CBC News.
Dana Sullivan, a lawyer with Newfoundland and Labrador's special prosecutions office, emphasized the need for caution, saying, "There is a serious risk that evidence will be destroyed, witnesses influenced, and investigative avenues jeopardized."
The incident, which occurred over 15 months ago, resulted in the tragic death of one worker, Shawn Peddle, and serious injuries to seven others. The RCMP initiated a criminal negligence investigation in January, executing search warrants at the refinery in March. No charges have been filed thus far.
CBC News applied to provincial court to unseal documents related to the search warrants, but both the Crown and RCMP oppose the release of further information. Chief Judge Robin Fowler is expected to issue a decision on December 14.
Court filings from the Crown and RCMP shed light on the investigation's status. They reveal investigators are in the early stages of gathering information for experts in the oil and gas industry, who have not yet been retained. The Crown stressed the need for external expertise, acknowledging the complexity of the case.
The documents also contain blacked-out paragraphs related to a workplace safety issue. The Crown argued that releasing this information would compromise the investigation's nature and extent, as not all relevant details have been gathered and reviewed by the police.
RCMP Constable Branton Langley noted in an affidavit that some witnesses and victims expressed concerns over potential job loss due to cooperating with the police. Additionally, privacy concerns for individuals mentioned in the search warrant documents were raised.
CBC News argued that the Crown had not met the legal test required to keep the information sealed and pointed out that the "err on the side of caution" approach has been rejected by Canadian courts in the past. They emphasized that there is no evidence of employee threats or retaliation from the refinery.
The flash fire occurred on September 2, 2022, prompting a dramatic emergency response. Braya Renewable Fuels, the owner of the refinery, expressed its commitment to safety and emphasized its open-door policy, encouraging employees to voice safety concerns and cooperate with authorities.
The court's decision on whether to maintain the secrecy surrounding the investigation is pending, with implications for the ongoing probe into this tragic incident.
