After a lengthy five-month trial, the only person charged criminally in the fatal Algo Centre mall collapse — and the families of the two women killed in the June 23, 2012 incident — will have to wait almost six more months to hear the judge's verdict.
On Friday, following four days of listening to the Crown and defence closing submissions, Superior Court Justice Edward Gareau reserved his decision in Robert Wood's criminal negligence trial until July 25.
Noting it obviously has been a long trial with a lot of evidence, Gareau said he needs to take some time to review the evidence, the applicable law he's bound to follow and the lawyers' submissions.
He said he knows the families of Lucie Aylwin and Doloris Perrizzolo "would want me to come back Monday and me tell them what I'm going to do," and so would Wood.
"Tragically, a lot people were negatively impacted by what happened," Gareau said. "Everyone wants to know sooner than later."
Later outside the courthouse, Rejean Aylwin, Lucie's father, who was in court all week to hear the lawyers' arguments, said he understands the judge has a lot of work to do.
The Crown (David Kirk) had some really good points and so did defence lawyer Robert MacRae, the Sudbury resident said. "It's up to the judge now."
In response to a reporter's question about only one person being charged in connection with the collapse, he suggested others should have been charged because "a lot of people involved in the mall did nothing."
"They caught him and others should be caught."
Perrizzolo, 74, and Alywin, 37, died when a portion of the Elliot Lake mall's rooftop parking deck collapsed on the food court and lottery kiosk area.
Wood, a former engineer who declared the mall structurally safe in an April 2012, has pleaded not guilty to two counts of criminal negligence causing death and a single count of criminal negligence causing bodily harm.
During the trial, the court heard testimony from more than 50 witnesses, including people who were in the mall the afternoon when the 40-foot-by-80 foot section of the parking deck fell, and Elliot Lake residents who were so worried about the structure's condition that they took photographs of rusting beams, water damage and stop-gap measures used to collect leaking water.
Police officers, engineering experts, municipal officials, mall owner Robert Nazarian and his son Levon, employees of the mall and businesses located there, and a prospective purchaser, as well as employees of M.R Wright, the engineering firm owned by Wood, were among others who testified.
Wood also took the stand in his own defence and underwent days of cross-examination by assistant Crown attorney Marc Huneault.
At the beginning of the trial in September, MacRae gave notice to the court that he would be bringing an application to stay proceedings against his client because of the length of time it has taken for the charges to go to trial.
Wood was charged on Jan. 31, 2014.
On Friday, Gareau said he will hear the Charter of Rights application on April 19.
As he wound up his arguments, which began Wednesday afternoon, Kirk said Friday that Wood approached his inspection with mediocrity and a lack of diligence.
The prosecutor suggested that when Gareau reviews Wood's evidence that "a lot of what he wants you to believe, you can't or should not."
Wood, he argued, seemed more interested in advancing his narrative than answering questions.
In 2012, the accused was practising as an engineer while suspended, and a person can be criminally negligent when a subverted process is put in place, reports are revised and signed by a professional engineer, he said.
On Wednesday morning as he completed his argument, MacRae said he was asking Gareau to find his client not guilty of the charges, maintaining the Crown had been unable to close the circle of reasonable doubt, although the mall had suffered a tragic collapse and Wood had completed two reports about the facility.
He said Wood had sat in court for five months as an innocent person while the state had chosen to prosecute one person involved in the mall collapse.
