Call it a case of rusty irony.

As lawyers argued over who was responsible for a decrepit barge which overturned and dumped oil, fuel and logging equipment into a sensitive environmental area, some were wondering about another rusting hulk: the old truck driven by federal Crown prosecutor Digby Kier.

“I wonder if that’s from Digby’s truck?” said one observer, as Kier presented a rusty piece of metal to an expert witness.

Another quipped, “I doubt that truck is even road-worthy?”

But outside the courtroom, the elderly prosecutor defended the condition of his older model, rusting pickup.

“It’s road-worthy!” he replied, as observers chuckled.

But as the two-week trial approached its conclusion, there’s one thing everyone has agreed upon: the 46-year-old “Crown Forest 84-12” barge was in rough shape when it overturned in Robson Bight on Aug. 20, 2007.

Experts who surveyed the barge following the accident testified it was not sea-worthy and Transport Canada issued a detention order that prevented its use until several repairs were carried out.

However, on the morning in question, the Crown Forest barge appeared to be floating just fine and no one doubted its stability when it left Beaver Cove, loaded with equipment, as it headed south to a Ted Leroy logging operation in Bute Inlet.

“They [Ted Leroy employees] couldn’t help patting themselves on the back,” testified tugboat deckhand Lorne Lanes, who watched them load the barge.

“They kept saying it was a light load and it was perfect.”

However, about 20 kilometres south of Beaver Cove, the barge overturned in the Robson Bight Ecological Reserve, where a witness watched as killer whales swam through the oil and gas slicks.

As a result of the accident, the barge owner, Ted Leroy Trucking – which is now in receivership – along with Campbell River-based Gowlland Towing and the tugboat captain, Carl Ted Strom, were slapped with pollution charges.

The federal Crown contends that all the parties should have been responsible for the maintenance and seaworthiness of the barge.

“The normal inspection (process) was defective?” Kier asked Capt. John Dolmage, a master mariner and defence witness.

“Yes,” replied Dolmage, who has expertise in tugs and barge towing.

But the captain also added that the inspection was routine and typical of what happens daily on the coast.

Kier wanted to know why the tug crew didn’t take a better look inside the rusty barge, using a flashlight or a handheld mirror to reflect sunlight inside the dark confines.

“That’s assuming you have sunlight on the east coast of Vancouver Island,” quipped Judge Brian Saunderson.

However, another expert witness, who testified on behalf of the defence, said it’s difficult to make a proper examination of the interior with a flashlight.

As well, tug crews are prevented from going inside barges because it is highly dangerous due to the lack of oxygen below the decks, but some still do with tragic consequences.

“I’ve known of seven individuals (who have died) in the last seven years,” said Marc McAllistair, a marine architect and surveyor.

It is McAllistair’s theory that a new hole was punctured in the barge during loading or just after leaving Beaver Cove.

As a result, the barge began to take on water, then suddenly listed and overturned.

The defendants have pleaded not guilty to all charges.

Defence lawyer Russ Chamberlain said that Ted Leroy Trucking owned the barge and is solely responsible.

The barge was later sold by Ted Leroy Trucking and received a $300,000 repair job.

It is apparently still operating on the west coast of Vancouver Island.

The trial is expected to end today, but the decision will likely take the judge some time to prepare.