Jurors at the trial of three men charged with criminal negligence causing death in the Lac-Mégantic railway disaster asked the judge for certain clarifications on Friday.
Thirty minutes into Day 9 of its deliberations, the jury sent Quebec Superior Court Justice Gaetan Dumas an envelope.
The eight men and four women were seeking clarification on the concept of “marked difference” — the comparison between the actions of the three accused and the actions of colleagues if they had faced the same circumstances.
Dumas is discussing the matter with lawyers before addressing the jury.
There had been no word from the jurors since Tuesday, when they told Dumas they were at an impasse.
The jurors are deciding the fate of Tom Harding, Richard Labrie and Jean Demaitre, who are charged in connection with the July 2013 tragedy in which 47 people were killed when a runaway train carrying crude oil derailed and exploded.
Harding was the train’s engineer, Labrie the traffic controller and Demaitre the manager of train operations.
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All three can be found guilty of criminal negligence causing the death of 47 people, while jurors have the option of convicting Harding on one of two other charges: dangerous operation of railway equipment or dangerous operation of railway equipment causing death.
In his instructions to the jury on Jan. 10, Dumas explained some elements of criminal law, such as the fact the three accused were not required to prove they are innocent. In fact, he said, they had nothing to prove.
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It was up to the prosecution, he continued, to prove beyond a reasonable doubt the behaviour of the three men _ by their actions or omissions _ constituted a marked and important departure from what a reasonable person would have done under the same circumstances.
In order for the three men to be guilty, Dumas said, the accused must have omitted to do something they were required to do, thus showing a reckless disregard for the life of others.