A provincial judge has denied an application by the City of Fernie who took the RCMP to court over evidence linked to the fatal ammonia leak a public facility.
The City asked the court in December to allow staff to inspect and copy two log books taken by police after the death of three men at the Memorial Arena Oct. 17.
Fernie alleges the books were obtained illegally according to court documents.
The logs contain information about the operation and maintenance of the arena’s refrigeration system that presumably failed and led to the fatalities.
The people who died in the tragedy were the most knowledgeable about the system.
Mounties also say disclosing the information in the log books could jeopardize their investigation.
In an affidavit sown by Sgt. Trevor Tribes says the books are required to “assist in investigators in confirming or challenging other sources of evidence”.
Doerkson’s judgement goes on to say “To put it blunty the RCMP investigation is a criminal investigation and there is the possibility of criminal charges such as ‘criminal negligence causing death’. As the City owns and operates the arena the City is a possible suspect.”