CPS News Brief

Crane Hire Company is sentenced for Corporate Manslaughter

Baldwins Crane Hire Ltd. has today, 22 December, been sentenced to a fine of £700, 000 at Preston Crown Court after being found guilty of corporate manslaughter and health and safety offences. It was also ordered to pay all CPS costs and half of the Health & Safety Executive’s costs. The conviction followed the death of one of their employees, Lindsay Easton, in 2011.

Mr Easton was employed by the company as a crane operator.  At the time of his death he was driving a 16 wheel, 130 tonne crane down an access road to Scout Moor quarry and wind farm Edenfield, Lancashire.  The crane had been brought to the site to replace another crane which had broken down. As he drove the crane down the access road it crashed after failing to negotiate a steep bend. Mr Easton was killed in the collision.

Following an investigation the crash was found to have been caused by serious problems with the braking system of the crane, which had not been properly maintained. The crane was fitted with four separate auxiliary braking systems in addition to the ordinary footbrake. Three of the auxiliary braking systems had been disconnected altogether and the fourth was damaged. There were also serious faults with the main braking system, with no operable brakes at all on seven wheels and faults or excessive wear to the remaining nine.  Baldwins Crane Hire Ltd were responsible for these failings.

A CPS spokesperson said:   “The company had a duty of care to its employees to maintain the crane to ensure it was safe and roadworthy. This hadn’t happened. The jury also found that the company had put other road users at risk due to poor maintenance of its vehicles. 

“Following further investigations of the company’s fleet several cranes were found to have faults with their brakes or other operating systems.  Had the company serviced and maintained the vehicles, this accident would never have happened. Mr Easton put his safety in the hands of his employer and they failed him.”

Man sentenced to six years for preparation of acts of terror following radicalisation online

Trevor Mulindwa, 21, was sentenced on 21 December to six years in prison following his conviction of preparation of acts of terrorism at Kingston Crown Court.

Mulindwa was arrested in Terminal 3 of Heathrow airport in September 2014 as he attempted to travel to Mogadishu in order to join the proscribed terrorist organisation Al-Shabbab. At the time he was found to be in possession of a phone which contained a history of visits to six websites, all with a terrorist theme.

Mulindwa claimed he was visiting his cousin, Joseph, in Uganda, a claim he could not back up with any evidence.

Deb Walsh, Deputy Head of Counter Terrorism Division, said: "Following a stay in a psychiatric hospital Trevor Mulindwa became increasingly radicalised, seeking out jihadi websites and developing an obsession with the terrorist group Al-Shabbab.

"His lack of even the most basic understanding of Islam illustrates how little he cared for its spirituality and how focused he was on committing violence. This led him to attempt to travel to Mogadishu to join terrorist groups, his worried family contacted police which led to his arrest at the airport.

"Those who seek out radicalisation and attempt to travel to commit acts of terror will be prevented from doing so and prosecuted."

Bijan Ebrahimi death: Two officers found guilty of misconduct

Two officers have today been found guilty at Bristol Crown Court of misconduct in a public office after they failed to act to protect Bijan Ebrahimi from vigilantes who later caused his death.

Bijan Ebrahimi was murdered when he was seriously assaulted and his body set alight in 2013. Following an investigation by the Independent Police Complaints Commission looking into police actions ahead of his death, PC Kevin Duffy and PCSO Andrew Passmore were charged with misconduct in public office on the advice of the CPS.

Colin Gibbs, Specialist Prosecutor at the Crown Prosecution Service, said:

“Kevin Duffy ignored repeated requests for help from Bijan Ebrahimi who was in fear of his life. He clearly didn’t like Bijan Ebrahimi and treated him as a liar and a nuisance. He refused to speak to him, including repeatedly ignoring his phone calls for help when he felt unsafe in his own home.

“Kevin Duffy was aware of the dangerous situation Bijan Ebrahimi was in and knew of the threat from the man who later went on to callously murder him.

“Kevin Duffy failed in his basic public duty. He had an opportunity to try and stop this vigilantism before it escalated.

“Andrew Passmore was found guilty of lying in a witness statement claiming he had carried out a foot patrol in the area around Bijan Ebrahimi’s home for up to an hour. We hope today’s convictions will be of some small comfort to Bijan Ebrahimi’s family.”

They will be sentenced next year.

Background

The prosecution case against Kevin Duffy was:

In circumstances in which he knew that or ought to have known that BIJAN EBRAHIMI was at risk of harm from vigilantism, he:

(a)          Failed to visit or otherwise make contact with BIJAN EBRAHIMI;

(b)          Refused to speak to BIJAN EBRAHIMI on the telephone.

Andrew Passmore was found guilty of claiming in a witness statement dated 3^rd September 2013 that he had carried out a foot patrol of Capgrave Crescent and the surrounding area on 12th July 2013 for a period of up to an hour.

PC Leanne Winter and PC Helen Harris were also charged with misconduct in a public office but were found not guilty.

Bijan Ebrahimi died on Sunday 14 July 2013. Lee James pleaded guilty to murder of Bijan Ebrahimi in 2013 and was sentenced to life imprisonment with a minimum of 18 years. Steven Norley pleaded guilty to an offence of assisting an offender and was sentenced to four years’ imprisonment.