The Crown continued Thursday to detail deficiencies in the inspection work former engineer Robert Wood did at the Algo Centre mall — and to point to discrepancies in the testimony the Sault Ste. Marie man gave during his five-month trial.
Wood inspected the Elliot Lake mall in 2009 after its owners received a municipal remedy order about building and fire safety violations, and again in April 2012, just weeks before the structure collapsed killing two women.
Lucie Aylwin, 37, and Doloris Perrizzolo, 74, died in the June 23, 2012 cave-in that occurred when a portion of the rooftop parking deck collapsed onto the lottery kiosk area where the younger woman worked and the older woman was purchasing a lottery ticket.
Wood has pleaded not guilty to two counts of criminal negligence causing death and a single count of criminal negligence causing bodily harm in connection with the significant injuries received by a man, who was one of more than a dozen people hurt that day.
Wood was engaged in 2009 after the mall owner had been ordered to have the entire mall checked by a licensed structural engineer and specifically the items listed as deficiencies, Kirk said.
"It's not restricted to these deficiencies," the assistant Crown attorney maintained. "Even his report didn't say it was restricted to that."
When he testified Wood indicated the scope was more on the deficiencies, but his " interpretation is wrong and not borne out," Kirk said.
The city order pointed to the what was wrong — damaged fireproofing, excessive rust, long-term water infiltration in stores, service corridors and the main corridor, and numerous spots in Zellers.
"This is history given to him," the prosecutor told Superior Court Justice Edward Gareau, adding there also were photographs depicting evidence of water leakage and rusted structural steel along the covered walkway adjacent to the main mall entrance.
Wood was told in a letter from the mall owner's lawyer that the photos were available, but Wood said he never received them.
"He never asked for them," Kirk stated. "The obligation is on Mr. Wood to make the inquiries."
The accused also didn't contact anyone at the municipality, and the court had heard it would have provided access to its files, which probably would have included past reports, he said.
Wood indicated that he went to areas identified in the order, and then walked through the mall to see if there were other areas of concern and didn't see anything, Kirk said.
The order of remedy required the entire mall to be inspected and "he failed at such a level to do the inspection."
In his testimony at trial, Wood said there was recent leaking, that it was not widespread and there was no sign of long-term leaking, Kirk said, suggesting he was contradicted by his own words.
In his October 2009 report, Wood described areas of significant leakage, referred to "efforts over the years" to waterproof the mall and noted it was evident many leaks had occurred over the years, the Crown said.
In April 2012, mall owner Robert Nazarian contacted Wood to do a visual condition assessment for refinancing of the facility and wanted the areas examined in 2009 updated to see if there were changes, the court heard.
Kirk suggested Wood didn't conduct a detailed review of the areas he had looked at three years earlier.
Wood had talked about walking around and looking up from the floor at some areas, and "that is by no stretch an inspection," he said.
Wood's 2012 report noted that the mall was undertaking waterproofing of the parking deck in the spring, but he indicated a more permanent repair was needed to protect the structure, Kirk said.
"You can't have the belief that it was fixed if you're still telling them to fix it."
The court saw new areas of leaking (in testimony it heard), which Wood didn't see, the Crown said.
If you knew leaking water was a concern in 2009, wouldn't you think that when you came back three years later, a professional would have a heightened awareness, especially when seeing similar things while doing an update on areas of concern, Kirk asked.
The Crown is expected to wrap up its submission today.
