Defence in Lac-Mgantic case to argue for separate trial for train engineer

The defence lawyers for the trian engineercharged in connection withthe deadly derailment and explosions in Lac-Mgantic in 2013 say theywill be ready to go to trial next May as long as their client, Tom Harding, is tried alone.

The defence has filed a request to have Harding stand trial separately, on the basis that he requires a trial in English, andtrying Hardingalong with the other three accused would make for a cumbersome bilingual trial.

"We would have to translate everything,every timea judge a intervenes or when there is a objection in court," said CharlesShearson, one ofHarding'slawyers. "You can't tell me a separate trial in Englishwill take the same time as a bilingual one."

Hardingis charged withcriminal negligence in the death of 47 people and is scheduled to stand trial next September, along withrailwaytraffic controller RichardLabrie,trainoperations managerJeanDematreand the defunct railway company,Montreal Maine and AtlanticRailway.

Superior Court Justice Gatan Dumas convened the defence and prosecution for a case management hearing Thursday, asking both sides to figure outa way to start the trial as soon as possible.

Stay of proceedings another possibility

Earlier this week, Harding'sdefence team announced it would pursue a stay of proceedings in itsclient'scase.

Harding's lawyers arejust the latest ofdozens of criminal lawyers tosignaltheir intention to seek to have charges dropped in the wake of a rulinglast July by the Supreme Court of Canada that established what constituted a reasonable delay for criminal proceedings.

Provincial court cases must be completed within 18 months, but can be extended to 30 months if there is a preliminary inquiry.

The stay of proceedings would not apply to the federal charges Hardingfaces, filed in 2015.

The defence still plans to pursue the stay of proceedings in the event the judge rules against therequest for a separate trial for Harding afterthe case returns to court on Jan. 26, 2017.

One of the Crown prosecutors, Vronique Beauchamp, dismissed the defence's claim that a bilingual trial would drag the proceedings outtoo long.

"Our evidence applies to all of the accused," she said. "Our witnesses are English and French, so no, I think it will make it even faster if it's bilingual."

The Crown says it is willing to start the trial as early as next month.