One of more than 1,600 ducks that landed on the tailings pond at Syncrude's Aurora mine, about 75 kilometres north of Fort McMurray, on April 28, 2008, in a picture taken by Alberta wildlife biologist Todd Powell. (Todd Powell/Government of Alberta)

An Alberta provincial court judge ruled Tuesday that media can have access to statements that Syncrude employees gave to investigators probing the deaths of 1,600 ducks on one of the oil company's tailings ponds two years ago.

The ruling comes after a lawyer for the Edmonton Journal and CBC fought a request by Syncrude lawyer Robert White to bar the media from reporting on what 28 employees told investigators at the time.

The media is expected to get access to the statements by the end of the week.

Syncrude is currently on trial before provincial court Judge Ken Tjosvold in St. Albert, Alta., for violating federal and provincial environmental laws in relation to the April 2008 deaths of the ducks in northern Alberta.

The migratory birds were found in a tailings pond at the oil giant's Aurora mine, about 75 kilometres north of Fort McMurray. They had landed on the pond, which collects the byproducts of bitumen extraction from oilsands, and gotten stuck in the toxic sludge of bitumen remnants, clay, sand and metals that makes up the pond.

The Crown has accused Syncrude of not having adequate deterrents in place to dissuade the birds from landing on the pond, which is actually closer to the size of a lake.

Release of statements could result in mistrial: defence

In court on Monday, White argued that the statements employees made about the company's actions around the time the ducks were found should not be reported because they could be ruled inadmissible at a later date and could cause a mistrial if they were reported before there is a judgment.

He also expressed concern that employees' privacy could be violated if the information in the statements was made public. Syncrude attorneys were present when the employees made the statements to investigators.

'They might have spoken about some things in a more guarded fashion had they known that [they would be made public].'— Robert White, lawyer for Syncrude

"I have a great deal of sympathy for employees who are put in the unenviable position of co-operating with investigators, never believing in a million years that that's going to make it in the city section of the daily news," White said to reporters after the ruling. "And they might have spoken about some things in a more guarded fashion had they known that."

The lawyer for the CBC and the Edmonton Journal, Fred Kozak, argued that the courts must be as open as possible and nothing in the statements could harm the administration of justice.

"There's no jury in this case," Kozak said outside court. "The judge is going to see all of the evidence whether its admissible or inadmissible."

The court was hearing testimony Tuesday from the Crown's last witness. Syncrude is expected to make an application next week asking the judge to dismiss the case.

Syncrude faces one count under Section 155 of the Alberta Environmental Protection and Enhancement Act for allegedly failing to ensure that hazardous substances directly or indirectly not come into contact or contaminate any animals, plants, food or drink.

It is also charged with one count of violating the federal Migratory Birds Convention Act for allegedly depositing or permitting the deposit of a substance harmful to migratory birds in waters or an area frequented by birds.