Mounties launched criminal negligence probe months after fatal Come By Chance refinery blast

Months after an explosion at the Come By Chance refinery last September, the RCMP decided to launch an investigation into possible charges of criminal negligence causing death and criminal negligence causing bodily harm.

That's according to search warrant documents that were partially unsealed after a court application by CBC News.

One worker died, and seven others were seriously injured.

In court filings, the Mounties said they sent officers to Come By Chance after the Sept. 2 flash fire, and provincial Occupational Health and Safety officials went as well.

"The investigation was not deemed to be criminal," RCMP Const. Branton Langley wrote.

"OHS and RCMP agreed to work with one another, sharing information, allowing for monitoring of criminality should anything arise."

But then something changed.

According to the RCMP court filings, the Mounties had a meeting in mid-January to discuss information that had been put together by provincial Occupational Health and Safety investigators up to that point. The names of the people police met with are blacked out.

"As a result of the meeting and information gathered by OHS N.L., Const. Hatch and Sgt. Jack determined the investigation had become criminal," the RCMP court filings noted.

It's not clear what led to that determination. The documents obtained by CBC News which were provided to a judge earlier this year to get search warrants approved are extensively blacked out.

The identity of the subject of the investigation remains redacted.

Victim and witness first-person accounts

The RCMP court filings reveal dramatic witness and victim accounts of the explosion's aftermath.

One witness said they "heard a boom, then instantly saw a flame rolling across the ground" and "heard people screaming and asking for help."

Another witness said they "went down to the explosion site and it looked like a war zone."

A victim said, "Everything went dead silent and then [redacted] heard a big whoosh of air, and saw a flame, which caused [redacted]."

The RCMP court filings also reference apparent concerns about safety at the Come By Chance site.

"[Redacted] said we need to slow down, they're pushing us and someone is going to get hurt," noted the summary of a statement fromone victim.

"[Redacted] had also made similar comments relating to Braya pushing work to be done."

According to RCMP filings, a witness told investigators, "There are shortcuts made to save money and the direction comes from one person."

Work continues on biofuels conversion

The refinery shuttered in the early days of the COVID-19 pandemic back in 2020.

In late 2021, U.S.-based private equity firm Cresta Fund Management picked up a majority stake in the operation and announced plans to switch it from fossil fuels to biofuels.

Work then began at the rechristened Braya Renewable Fuels to convert the refinery a process now expected to be completed by the end of 2023.

In the past, Braya has been reluctant to disclose details of what led to September's flash fire.

One worker Shawn Peddle, 47, of Clarenville died in mid-October, six weeks after being injured in the blast.

• Braya CEO says he's 'shocked and saddened' but offers no apology following Shawn Peddle's death
• Cause of N.L. refinery flash fire still unknown as slow return to work begins

In early March, the Mounties executed three search warrants at Come By Chance.

The details of what they were searching for remain blacked out in the court filings that were partially unsealed and provided to CBC News.

"I believe on the reasonable grounds set out in my affidavit, [redacted] was criminally negligent in ensuring and maintaining a safe workplace for their employees and contracted employees," Const. Langley wrote in one of three informations to obtain a search warrant, or ITOs, filed by the Mounties.

"This negligence resulted in the death of Shawn Peddle and serious injuries to seven other employees."

In an emailed statement sent to media outlets after the warrants were executed, Braya said worker safety is"top priority," and the company had developed a thorough, safe return-to-work plan for employees.

Braya added it is "supportive of the continued investigation by authorities" who returned to the site on March 3.

"We are committed to our safety culture and have an open-door policy to ensure a safe workplace for all," CEO Frank Almaraz said in that statement.

In a message to CBC News late Tuesday afternoon, the company said it does not haveanything further to add.

Meanwhile, the CBC's applicationis due back in court later this month, as proceedings continue on whether more information can be released.

No charges have been laid. The Mounties have notresponded to a request for commentabout the status of the investigation.

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