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Judge refuses Live Nation's bid to end the Downsview collapse case

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An Ontario judge has refused to throw out the charges over the stage collapse in Toronto that killed Radiohead's drum technician, Scott Johnson, in 2012. Live Nation had asked for the case to be dismissed for unreasonable delay. Justice Shaun Nakatsuru, who is trying it, ruled that the slow pace was acceptable given what the court has to decide. The issue of how the stage collapsed, and who is responsible for that, is complex.1 The trial resumes on 5 December.

Live Nation's motion was heard on 14 October at Old City Hall in Toronto. Ken Johnson, Scott's father, says the trial was set down for 15 days in June 2015 and 15 that November, and sat for 15 more between April and June this year. It is not expected to end before January. Live Nation would not comment while the case is before the court.

The Ontario Ministry of Labour laid the charges in June 2013. Live Nation Canada, Live Nation Ontario Concerts and Optex Staging and Services face four each under the province's Occupational Health and Safety Act, and the engineer Domenic Cugliari faces one count of endangering a worker. All have pleaded not guilty. Each company could be fined up to 500,000 Canadian dollars a charge if convicted; an individual faces up to 25,000 dollars a charge and a year in prison.

Johnson, 33, from Doncaster, was killed on 16 June 2012 when the roof of the stage built for Radiohead's sold-out show at Downsview Park came down hours before the band were due on. Three others were hurt. His father said before the hearing that the family was angry at the application and at what he called the deflection of blame, and that they could not afford to travel to Toronto for it. I have to be Scott's voice in this case.2

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