Court documents reveal safety concerns were raised prior to deadly blast
Months after an explosion at the Come By Chance refinery last September, the RCMP has decided to launch an investigation into possible charges of criminal negligence causing death and criminal negligence causing bodily harm.
In court filings, RCMP Const. Branton Langley wrote, "the investigation was not deemed to be criminal... OHS and RCMP agreed to work with one another, sharing information, allowing for monitoring of criminality should anything arise."
However, according to the RCMP court filings, something changed after a meeting held in mid-January. The documents state, "as a result of the meeting and information gathered by OHS N.L., Const. Hatch and Sgt. Jack determined the investigation had become criminal." The specific details leading to this determination remain unknown due to extensive redactions in the documents obtained by CBC News.
The RCMP court filings include accounts from witnesses and victims who experienced the aftermath of the explosion. One witness said, "I heard a boom, then instantly saw a flame rolling across the ground... heard people screaming and asking for help." Another witness described the explosion site, saying, "it looked like a war zone." A victim recalled the moment, saying, "everything went dead silent and then [redacted] heard a big whoosh of air, and saw a flame, which caused [redacted]."
Safety concerns at the Come By Chance site are also mentioned in the RCMP filings. The summary of a victim's statement noted, "[Redacted] said we need to slow down, they're pushing us and someone is going to get hurt." Another statement suggests workers were told to cut corners, “there are shortcuts made to save money and the direction comes from one person."
The Come By Chance refinery, which closed during the early days of the COVID-19 pandemic in 2020, was acquired by Cresta Fund Management in late 2021. The refinery was renamed Braya Renewable Fuels, and the company announced plans to convert it from fossil fuels to biofuels. The conversion process is expected to be completed by the end of 2023.
In early March, the RCMP executed three search warrants at Come By Chance. The details of the search remain undisclosed, as the court filings were partially unsealed with extensive redactions.
Const. Langley wrote in an affidavit, "I believe on the reasonable grounds set out in my affidavit, [redacted] was criminally negligent in ensuring and maintaining a safe workplace for their employees and contracted employees." This alleged negligence resulted in the death of Shawn Peddle and serious injuries to seven other employees.
Braya Renewable Fuels expressed its commitment to safety in a statement, saying, "Worker safety is top priority... [We] have an open-door policy to ensure a safe workplace for all." CEO Frank Almaraz stated, "We are supportive of the continued investigation by authorities."
CBC News requested a comment from Braya regarding the unsealed search warrant filings.
The court proceedings will continue later this month to determine if more information can be released. As of now, no charges have been laid, and the RCMP has not provided an immediate response regarding the status of the investigation.
