T hree companies have pleaded not guilty to safety code violations after falling construction material killed a three-year-old girl downtown last summer.
Flynn Canada Ltd., Germain Residences Ltd. and Grenville-Germain Calgary now face a six-week trial starting Jan. 31, 2011, in provincial court.
Mariana Krsek, whose daughter Michelle died in the August incident, said it’s disappointing the defendants are taking the matter to trial.
“I think they are guilty. We’ll see,” she said after being advised of the trial date Thursday. “Whenever we need to go to court, we’ll go.
“I haven’t seen the evidence the police have, but I’m sure they have a lot.”
Joe Osinski, vice-president of legal affairs for Flynn Canada, said it was difficult to make any comment since the matter is before the court.
“We are deeply saddened by what tragic event occurred that last summer,” he said. “We express our condolences to the family, but it’s difficult to speak about the court case.”
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Chris Vachon, speaking on behalf of Germain Residences and Grenville-Germain, said the matter “is essentially in the hands of their lawyers and insurance companies.”
“We await the upcoming trial, and the position stated by our lawyer is not guilty,” said Vachon, general manager for the hotel complex.
On Aug. 1, the Krsek family was walking along 9th Avenue S.W., planning to visit the Calgary Tower, when a sudden windstorm blew a bundle of steel off the roof of Le Germain hotel-condo project and struck three family members.
Michelle died, while Mislovac Krsek and his son Eric, 7, were injured.
Mariana Krsek said her husband is still unable to work and, six months later, “he’s barely walking.”
“He’s OK. We’re surviving. What can I say? It’s day by day,” she said. “We knew it would be a long time — years. It’s that way with everything.”
The Alberta Safety Code Act charges were laid Sept. 21. Each company faces one charge relating to allowing an unsafe condition.
If found guilty, a first offence carries jail time of up to six months and potential fines.
The 20-storey Le Germain complex houses a boutique hotel that opened Thursday. Forty-three luxury condos and office space will be occupied in the coming weeks.
The toddler’s death and similar incidents of falling construction debris prompted the city and local construction industry to form a committee to study improved safety options.
dslade@theherald.canwest.com
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