Sherbrooke Quebec - The former Montreal Maine & Atlantic (MMA) rail traffic controller who gave locomotive engineer Tom Harding the green light to leave Farnham, Quebec, on the last trip of the 10,000 tonne fuel train on 5 Jul 2013 testified that he was not aware the lead locomotive was defective.
Steve Jacques stood in the witness box at the Sherbrooke courthouse for a second day Thursday, testifying at the trial of three former colleagues, Harding 56, rail traffic controller Richard Labrie 59, and operations manager Jean Demaitre 53.
Earlier in the trial, the jury saw evidence that two other engineers who drove locomotive 5017, the lead engine on the ill-fated train, in the days leading up to the tragedy had each filled out forms noting mechanical issues with the locomotive.
One of those engineers, Francois Daigle, testified last month he never conveyed the information to the rail traffic controller on duty at the time, although he did ask Demaitre, his supervisor, to change the lead locomotive.
Under cross-examination by Demaitre's lawyer, Gaetan Bourassa, Jacques told the court no one told him about any problem with the train before it left the station.
"Did Mr. Marone (an MMA rail yard employee) tell you about problems with the 5017?" asked Bourassa.
"Not at all." said Jacques.
"Did Mr. Beaudin, who was mechanic who worked with the 5017, talk to you about problems with the 5017?" pressed Bourassa.
"No," Jacques repeated.
"Did Mr. Gendreau, who was working with the mechanic, talk to you about problems with the 5017?" asked Bourassa.
"No," said Jacques, once again.
"Is it correct to say that Mr. Daigle, who was present on site, given a conversation that we heard, never mentioned a problem with 5017 to you?" asked Bourassa.
"No, because I would have written it on a transfer for sure," Jacques said.
If it's Rolling it's Rolling'
Shortly after leaving the station on the afternoon of 5 Jul 2013 Harding called Jacques to tell him about a problem with the train.
In audio recordings played in court, Tom Harding asks Jacques, "Did anyone talk about a problem with engine hunting (overheating) on the 5017?" asks Harding.
"No," Jacques is heard replying.
Jacques acknowledged he did not document Harding's concern about the engine's mechanical problems, however.
He said certain problems, such as fires and overheating of locomotives, were frequent and usually dealt with by the teams on the ground, without bothering the higher-ups.
"Is this why we don't see this problem in the document you gave to Labrie that evening?" asked Bourassa.
"You didn't mention it to Jean Demaitre?"
"Yes," Jacques agreed.
"So it doesn't die, it just keeps pushing. If it dies, I'll write it in the transfer myself personally."
"If it's rolling, it's rolling," he said.
Jacques is expected to continue his testimony Monday.
Trial to Go Into New Year
The trial, originally scheduled to last until 21 Dec 2017 will most likely spill over into January, Superior Court Justice Gaetan Dumas told the jury Thursday.
Dumas assured jurors, however, that they would not be sequestered during the holidays, a statement met with brimming smiles from the fourteen people in the jury box.