A lawyer for Executive Flight Centre is asking for an eight-month delay in Lemon Creek fuel spill trial.
The case got underway today in Nelson Provincial court, more than four years after a tanker truck spilled 33,000 litres of fuel into Lemon Creek, which flows into the Slocan River.
Executive Flight Centre is charged along with one of its drivers along and the BC government.
They’re each accused of eight counts under the environmental management and fisheries acts.
They don’t deny what happened but are pointing fingers at each other over who’s to blame.
This morning lawyer Chris Archer, who represents Executive Flight Centre, applied to further delay the trial because he says the Crown hasn’t been forthcoming about disclosing evidence.
He also proposes to apply to have the case dropped because of the time it has taken to bring the matter to trial.
Archer told Judge Lisa Mrozinski that by dragging its heels on disclosure, the Crown effectively gave itself an 18-month head start in the case, leaving the defence to play catch up.
However, federal Crown prosecutor John Cliffe replied that the Crown has complied with its disclosure obligations and has not withheld or delayed disclosure.
Mrozinksi has not yet ruled on the application.
The case began as a private prosecution by Marilyn Burgoon before being taken over by federal crown.
Burgoon says she was surprised and disappointed with today’s proceedings.
Four weeks have been set aside in court between now and the end of November, although court heard today that the tail end of the case may have be heard in March.