Judge orders voir dire in Syncrude dead-ducks trial

ST. ALBERT — A provincial court judge ruled Wednesday that statements made by Syncrude employees to government investigators in the days and weeks following the deaths of 1,600 waterfowl on the company's Aurora tailings pond must go through a hearing to determine whether they are admissible during the company's trial.

Provincial Court Judge Ken Tjosvold ruled prosecutors and defence lawyers must make arguments in a voir dire, also known as a trial within a trial, on the admissibility of the statements.

More than 20 employees were interviewed by investigators following an April 28, 2008, incident at Syncrude's tailings pond near Fort McMurray where the birds became soaked in bitumen.

A voir dire is held to determine if evidence meets certain legal tests so that it can be admitted during a trial.

Syncrude has pleaded not guilty to charges under the Alberta Environmental Protection and Enhancement Act and the federal Migratory Birds Convention Act.

The company could face a maximum of $800,000 in fines and executives could face six months in jail if convicted.

The trial resumes Monday. It is expected to last two months.

azabjek@thejournal.canwest.com