CPS News Brief

Firm guilty of manslaughter over London balcony fall

 

A construction firm has today (May 19) been convicted of the manslaughter of two workers who died after falling from a central London balcony. Its director was convicted of health and safety offences.

Martinisation (London) Ltd and Martin Gutaj had denied corporate manslaughter and related health and safety offences but were convicted of all charges following a trial at the Central Criminal Court.

The trial heard how Tomasz Procko, 22, and Karol Symanski, 29, fell to their deaths after the railings at a flat in Caodgan Square gave way in November 2014. The men had been attempting to haul a heavy sofa up onto the balcony using ropes with only the Victorian railings for safety. 

Nick Vamos, from the CPS, said:

“Martinisation Ltd and its director Martin Gutaj showed an appalling disregard for the safety of their employees, with terrible consequences.

“Sadly, this incident was entirely foreseeable and preventable. Neither was it an isolated breach. The evidence put forward by the prosecution clearly demonstrated to the jury how these tragic deaths were part of a pattern of serious neglect of basic health and safety.

“Our thoughts are with the families of Tomasz and Karol.”

Sentencing will take place in due course.

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Company directors jailed following fatal roof fall

Three company directors have been jailed today (May 19) following the death of a man who fell while working at a warehouse in Essex.

 

Nikolai Valkov, 63, died in hospital after falling through the roof of a warehouse in Harlow on 13 April 2015.

 

At Chelmsford Crown Court, Koseoglu Metalworks Ltd admitted an offence of corporate manslaughter and its sole director, Kadir Kose, admitted an offence under the Health and Safety at Work Act (HSWA).

 

Ozdil Investments Ltd denied corporate manslaughter and a HSWA offence but was convicted following a trial at Chelmsford Crown Court. Two of its directors, Firat Ozdil and Ozgur Ozdil, were convicted of a HSWA offence.

 

At the court today Firat Ozdil was jailed for one year, Ozgur Ozdil for 10 months and Kose for eight months.

 

The court heard how Ozdil Investments Ltd was the owner of the warehouse in question, called Ozdil House, where the roof needed repairs.

 

Both the Health and Safety Executive and Harlow District Council issued warnings to the company about the dangers involved in the repair work and specifically the need for safety measures such as netting to be put in place.

 

Despite this, Firat Ozdil and Ozgur Ozdil paid their friend Kose and his company Koseoglu Metalworks Ltd to carry out the work without netting or other safety measures.

 

The court heard Koseoglu Metalworks Ltd had no experience of roofing work and the fee paid by the Ozdils was approximately £100,000 less than a recognised roofing contractor would have charged.

 

Kose did not carry out a risk assessment at the site and sent staff employed by his company onto the roof without training.

 

While working on the roof, Mr Valkov stepped onto a discoloured skylight and fell to his death.

 

Luke Bulpitt, from the CPS, said:

“By ignoring the safety measures they knew were required, the Odzils and their company risked the lives of everyone working on the roof in an attempt to save money. 

“Kadir Kose and Koseoglu Metalworks undertook the work to the roof without taking any appropriate safety steps, gambling with the lives of their employees.

“Faced with the evidence against him, Kose and Koseoglu Metalworks admitted their guilt but the Ozdils and their company contested the charges. However, having heard the compelling case put forward by the prosecution, the jury returned guilty verdicts.

“Our thoughts remain with the family of Mr Valkov.”

 

The prosecution followed an investigation by Essex Police. 

Twelve jailed over high speed road race that killed four young people

Two men have today (May 19) been jailed for nine years for their part in a high-speed road race which left four people dead.

 

In addition, 10 of 11 further defendants who went to watch the illegal race also received jail sentences today after the CPS successfully demonstrated they had encouraged those involved to break the law. Sentencing on the remaining member of the group was adjourned to a later date.

 

Driver Daniel Raynor, 24, and his passenger Matthew Todd, 23, were racing a high-powered car at speeds of over 140mph along a road in West Yorkshire in September 2015, when the vehicle hit a quad bike. The four young people on the bike - Brandon Brown, Ryan Beal, Terrie Kirby and Alexandra Binns - were killed instantly.

 

Today, Raynor and Todd were both sentenced to nine years imprisonment at Leeds Crown Court after pleading guilty at an earlier hearing to four charges of causing death by dangerous driving. 

 

The group of 11 people who had travelled to watch the illegal race were also sentenced to between nine months and a year in prison today – nine had pleaded guilty to encouraging or assisting dangerous driving and two were convicted after trial.

 

Ed Hulbert, from the CPS, said:

“This was an appalling tragedy. Four young people had their lives cut short needlessly by individuals who participated in reckless timed racing encouraged by a group of ‘spectators’. 

“Working with the police, we were able to build a very strong case, and 11 of the defendants, including the driver and passenger in the car, pleaded guilty before trial.  We were able to demonstrate that those present were actively encouraging the dangerous driving, which ultimately caused these deaths.  

“This case will hopefully act as a deterrent to people who might be tempted to drive in such a thoughtless and dangerous way, or anyone who might encourage others to do so.”

 

Ends

 

Notes to editors

 

- Ed Hulbert is a Senior Crown Prosecutor with CPS Yorkshire and Humberside.

 

Charges and sentences

 

- Causing death by dangerous driving:

Daniel Raynor – nine years imprisonment and 15-year driving disqualification

Matthew Todd - nine years imprisonment and 10-year driving disqualification

 

- Encouraging or assisting dangerous driving:

Stephen Hebden – 12 months’ imprisonment

Nathan Jackson  - 12 months’ imprisonment

Gemma Layton  - 42 weeks’ imprisonment

Jason Ogilvie  - 46 weeks’ imprisonment

Andrew Kirkwood  - 42 weeks’ imprisonment

Clarke Henfrey  - 46 weeks’ imprisonment

Samuel Rowley  - sentencing adjourned to a later date 

Mark Mason  - 46 weeks’ imprisonment

Jack Dickinson-Ellis  - 46 weeks’ imprisonment

Jake Hackleton  - 46 weeks’ imprisonment

Jacob Ward  - 46 weeks’ imprisonment

Prosecutors recover £3.3m from Essex VAT fraudster

 

A businessman who was jailed for six years for a large-scale VAT fraud has been ordered to pay back over £3.3million to the taxpayer.

Robert Waterman, of Essex, had created a fake trade in computer memory sticks to fraudulently claim millions in VAT repayments between June 2013 and April 2015.

He spent the proceeds on UK properties, a Range Rover, a Mercedes, a Lexus and a Spanish holiday home.

Shortly after his arrest the CPS took action to restrain his assets and at a hearing at Chelmsford Crown Court on Thursday (May 18), a judge ruled that Waterman must pay back over £3.3million within three months or face a default eight-year prison sentence if he fails to pay.

The court heard £2.3million will be recovered almost immediately from his restrained assets.

Diana Cottrell, from the CPS, said:

“Robert Waterman used taxpayers’ money to fund a lavish lifestyle including expensive houses, fast cars and luxury holidays.

“By working with HMRC investigators to quickly freeze his assets and secure today’s court order, we have already recovered a significant amount of money for the public purse, with more to follow. 

“In taking swift action we have ensured Waterman will not benefit further from the proceeds of his crimes."

Ends

Notes to Editors

- Diana Cottrell is a Specialist Prosecutor with CPS Proceeds of Crime

- In the original case, Robert Waterman pleaded guilty to cheating the public revenue, money laundering, furnishing false documents with the intent to deceive in relation to fraudulent VAT returns, operating a company while a banned director and absconding while on bail.

- He was jailed for six years at Chelmsford Crown Court in October 2016 and was banned from acting as a company director for ten years.

- Thursday’s judgment ruled that Waterman benefited from his crimes in the amount of £5,053,541 and has available assets of £3,354,173. He has £2,358,528 in bank accounts which have already been restrained by the CPS and this money will be recovered immediately.

- The remaining money will be recovered through sales of property, cars, jewellery, hidden assets and ‘tainted gifts’.