1st Nova Scotian charged under 'Westray Law' found not guilty in death of mechanic

The first Nova Scotian charged under the so-called Westray Law has been found not guilty of criminal negligence causing death for the fire that took the life of an employee at an auto-repair business.

Elie Hoyeck was charged after a September 2013 minivan fire at his Cole Harbour, N.S., auto shop killed mechanic Peter Kempton. Hoyeck pleaded not guilty and was tried by judge alone in Nova Scotia Supreme Court in Halifax.

The court has heard that Kempton was using an acetylene torch to remove the gas tank from a derelict minivan when the vehicle caught fire at Your Mechanic Auto Corner.

An expert witness, David Giles,also testified the garage was not a safe place to work, and had numerous trip hazards, fire hazards, electrical issues and other safety concerns.

In his decision on Friday, Justice James Chipmansaid it was clear, based on Giles's testimony, that Hoyeck'sbusiness was an "accident waiting to happen." He added thatafter reviewing evidence, he hasgreat difficulty believing that anything Hoyeck had to say was reliable.

But he said thathe rejects the prosecution's argument thatHoyeckinstructed Kemptonto use the torch to remove the gas tank.

"Without question Your Mechanic was in a deplorable state as at September 20, 2013, the Crown's expert pointed to a litany of failures and I accept this unchallenged evidence. I would add that the photographs speak volumes as they show an unkept, embarrassingly messy property with multiple potential hazards," said Justice Chipman.

"On top of this we have an accused who spoke ill of the dead in a disrespectful manner. Mr. Hoyeck's pejorative comments about Mr. Kempton are most unsettling and I can only imagine how they must affect Mr. Kempton's surviving family. Nevertheless, the task of the Court must be to consider the charge having regard to all of the evidence and the governing law."

He also said that Kempton was a trained mechanic and that it was his own negligence that led to the fire.

Halifax Crown attorney Alex Keavenysaid the prosecution and the Kempton'sfamily are disappointedwith the decision.

"You can imagine this has been more than five years that they've been dealing with this, so they're obviously pretty upset," he said outside of court on Friday.

Hoyeck still faces 11 occupational health and safety charges. That matter will be back in court on Tuesday.

TheWestrayBill was introduced after the 1992Westraymine disaster in Plymouth, N.S., that killed 26 miners. It is a Criminal Code amendment aimed at making it easier to hold employers accountable for deaths or injuries in the workplace.