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Lawyers question safety officer's crane expertise

Lawyers representing Sea-Land Construction Ltd. and its site foreman yesterday questioned health and safety inspector Harry Powell's credibility as a crane expert.

The Crown, attempting to show negligence by Sea-Land and foreman Peter Vosvenieks in Mr. Sewell's death, called Mr. Powell as its final witness.

Mr. Powell told the court that Vosvenieks was "in a position to stop a dangerous manoeuvre'' after Magistrate Arthur Hodgson questioned why the foreman was being charged in connection with Mr. Sewell's death.

The "dangerous manoeuvre'' was a lift which ended in the death of crane operator Teddy Sewell in November, 1995.

The lift of a container filled with construction site materials was attempted during the construction of the Bull's Head car park.

"Mr. Powell said he specialises in health and safety. He has no expertise as a (crane) operator,'' Jai Pachai, representing Sea-Land, said.

"This is the first we've heard of Mr. Powell's expertise,'' said lawyer Mark Diel, representing Vosvenieks.

Mr. Powell admitted he was not a trained and competent crane operator, adding: "Certainly not in relation to the 18-ton'' crane that Mr. Sewell was operating, he said.

He added that several years ago he had operated a five-ton track crane and was also responsible for the maintenance and repair and had operated all equipment at Berg Landscaping Company, now SAL.

He said he had received training from the hoisting engineers of Ontario on different types of cranes. This training was based on the Occupational Health and Safety Act of Ontario and that province's construction regulations, he said.

Sea-Land and Vosvenieks each face three charges under the Health and Safety at Work Act 1982 in connection with Mr. Sewell's death.

The Crown alleges that prior to the fatal accident Vosvenieks failed to ensure that the crane's stabilisers were fully extended, that the crane was not equipped with a level, and that he failed to ensure that the crane was operating with the lifting boom at the optimum length and optimum angle.

Against Sea-Land, the Crown alleges that the company failed to provide Mr.

Sewell with the necessary equipment to level the crane, failed to have the crane inspected in the 12 months prior to the accident and allowed the crane to be operated by a operator not trained and competent.

Last month, Coroner Edward King returned a verdict of death by misadventure at the conclusion of the inquest into Mr. Sewell's death.

It is anticipated today's proceedings will include evidence from Robert Manalio, the crane expert who gave evidence at the inquest. Mr. Manalio is a witness for the defence.

Crown counsel Philip Storr is prosecuting the case.