D.S. Ellis Inc. found not guilty on charges related to Barclay Brook fish kill

Western PEI farm company D.S. Ellis Inc. and its president Denton Ellis were found not guilty on charges related to 2013 fish kill in Barclay Brook in P.E.I. Provincial Court in Summerside on Wednesday.

Judge Jeff Lantz that while there was enough evidence showing the company sprayed a harmfulfungicidethat ran into the brook, the company also took reasonable steps to preventthe so-called "deleterious substance" from entering the water.

"I do find the accused exercised due diligence," said Lantz.

Company told pesticide was safe, tried to prevent run off

The court had heard during trial that acompany employee sprayed thefungicide Echoonto his field twice in July 2013 in an effort to prevent potato blight.

The second spraying took placejust a day before a heavy rainfall, andtwo days before the discovery of the fish kill in nearbyBarclay Brook on July 27.

Lantz pointed out that while Ellis and his staff were aware of the forecast, they had been assured by a localdealer that Echo was still safe to use at the time.

Lantz also highlighted in his decisionthat Ellis had made several efforts to prevent run off including establishing "buffer zones well in excess of what's required."

Ellis 'vindicated' after 'sleepless nights': lawyer

"I'm sure Denton Ellis is quite relieved, not only to have this process complete, but to be effectively vindicated in terms of what he does day to day in his farming practices," said Ellis' lawyer Rob MacGregor outside court after the ruling.

"I know personally this had a serious effect on Denton Ellis. He's been anxious about the outcome of this trial. I'm sure he's had sleepless nights."

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