Workplace fatality case moves to lower court
Michael Anthony Henderson, 18, of Fredericton, was killed on job while working for Springhill Construction Ltd. in August 2018; company accused of criminal negligence
A Fredericton construction company accused of criminal negligence in the death of a teen employee has moved to change the level of court at which its case will be heard.
Springhill Construction Ltd. previously elected to be tried by a judge alone in the Court of King’s Bench on an Aug. 16, 2018, charge of criminal negligence causing the death of Michael Anthony Henderson.
Henderson, 18, was working on a Springhill project at the City of Fredericton’s Barker Street Wastewater Treatment Plant on that day, clearing debris at the bottom of an eight-foot hole over the lunch hour.
An inflatable plug holding back water flow gave way, pinning Henderson to the side of the hole as it filled with water. He drowned despite efforts of others on the jobsite - including his older brother Eric Henderson - to rescue him.
Springhill’s superior-court trial was scheduled to begin in January, but the case was back before Court of King’s Bench Chief Justice Tracey DeWare on Tuesday afternoon.
Crown prosecutor Christopher Lavigne noted the defendant was seeking to re-elect mode of trial to take the case back down to Fredericton provincial court.
“My colleague and I intend to dispose of the proceeding in the court below,” he said.
Defence lawyer Clarence Bennett agreed.
Lavigne said the parties had filed the notice of re-election with the court Tuesday morning, and that they endeavoured to do so at an early opportunity so as to free up trial time in the Court of King’s Bench.
DeWare said the notice of re-election was on the file, and as such, he remitted the case back to provincial court.
Lavigne and Bennett both declined to comment to reporters Tuesday about what will happen with the case once it returns to the lower level of court in the coming weeks.
Diane Henderson, Michael’s mother, was on hand for Tuesday’s proceedings, and she too declined to comment on the latest development in the case.
Her son’s death has already been the focus of another trial. Jason Andrew King, 46, of Central Hainesville, stood trial earlier this year on a related count of criminal negligence causing Henderson’s death.
King’s Bench Justice Thomas Christie convicted him of the crime this summer and sentenced him last month to three years in prison.
However, King’s counsel filed a notice of appeal with the New Brunswick Court of Appeal the day after his sentencing hearing. He also filed a motion seeking King’s release pending the appeal, and that’s scheduled to be heard Oct. 16.
King was the site foreman at the treatment-plant job and Henderson’s direct supervisor.
Evidence at his trial demonstrated he hadn’t familiarized himself with the safety protocols and requirements available to him in manuals on site.
King was responsible for safety on the jobsite, and he testified he hadn’t reviewed any of the manuals, stating that he wasn’t much of a reader.
He said Springhill hadn’t provided him with training when it promoted him to the supervisor position, and he was ill-prepared to take on the greater responsibilities of the job.
Christie found King knew he had a responsibility to ensure the safety of those under his supervision and that he essentially disregarded it.
The trial judge also found that King knew the hole in which Henderson was working qualified as a confined space, and that Henderson was likely going to be in the hole when he approved preparations for a water test at the site..
Springhill fired King shortly after the accident that claimed Henderson’s life.
Don MacPherson can be contacted at ftonindependent@gmail.com.