The engineer who signed off on a stage that collapsed at a Radiohead concert in Toronto in 2012, killing the band’s drum technician, is arguing that a professional disciplinary panel does not have jurisdiction in the case.

Domenic Cugliari is facing professional misconduct charges related to the stage collapse that killed Scott Johnson ahead of an outdoor concert on June 16, 2012.

Cugliari’s lawyer, Scott Thompson, says his client resigned as a member of Professional Engineers Ontario in July 2018, and provincial legislation from the previous year said former members cannot be disciplined.

The engineering association’s lawyer, Leah Price, argues that nothing changed in the updated legislation and the panel still has jurisdiction over members who resigned.

Price says Cugliari resigned during the PEO’s investigation into the stage collapse.

A coroner’s inquest into Johnson’s death last spring heard that plans for the stage were riddled with mistakes, the wrong building components were used in key areas and the construction was running behind schedule.

Cugliari testified he did not check to see if the correct parts were used because he trusted the contractor.

The criteria of the inquest was not to lay blame, and a jury returned with a slew of recommendations designed to prevent future deaths.

Charges were laid under the province’s Occupational Health and Safety Act against the show’s promoter, Live Nation, contractor Optex Staging and Cugliari.

They were later stayed because the matter took too long to get to trial.

This report by The Canadian Press was first published Dec. 9, 2019.