CPS News Brief

Construction manager jailed for manslaughter after site death

A construction manager has today, 30 June, been jailed for gross negligence manslaughter, after a workman was crushed to death on a building site.

Andrew Winterton, 52, was in charge of the site, being developed by his company Conquest Homes at Collyweston, Northamptonshire.

In September 2014, the walls of a deep trench at the site collapsed, crushing Shane Wilkinson, 33, who was standing near the edge. 

Today Winterton was sentenced to four years in prison. Conquest Homes was convicted of health and safety offences and has been sentenced to a fine of £55,000.

A second man, Dean Wortley, 47, who was responsible for excavating the unsafe trench, was sentenced to 12 months in prison, also for health and safety offences.

During the trial, Northampton Crown Court was told that Winterton had overall responsibility for health and safety at the site.  Wortley dug the drainage trench, without proper preparation or adequate safety measures.

Mr Wilkinson had told friends of at least two previous collapses in the same trench and yet nothing was done to protect those working nearby.

 

Fiona Morrison, from the Crown Prosecution Service, said:

“Throughout their trial, Wortley and Winterton tried to pass the blame for this incident on to others, but the evidence put forward by the prosecution showed the jury the fault was theirs.

“Winterton supervised a building site which was badly run, with poorly-trained workers and he had scant regard for health and safety. Wortley excavated a trench without any professional safety measures. It should have been obvious to both of them that it was highly dangerous.

“The construction industry should be in no doubt that health and safety failures of this magnitude are extremely serious criminal offences, for which managers can be held personally liable.”

--ENDS—

 

Notes to editors

Fiona Morrison is a Specialist Prosecutor in the CPS Special Crime Division

The men and company were sentenced as follows:

 Dean Wortley

• Failure as a self-employed person to ensure the safety of other workers not employed by him - 12 months in prison
• Failing to take all practicable steps to prevent danger. – 12 months in prison
• (Sentences to run concurrently)

Andrew Winterton

• Manslaughter through gross negligence. – 4 years in prison
• Causing a corporate body to commit an offence (2 counts) – 2 x 8 months in prison
• Failure to take reasonable care for the health and safety of himself and others – 12 months in prison
• (Sentences to run concurrently + £20,000 costs)

 Conquest Homes

 Failure of an employer to discharge its duty to ensure the health and safety of its employees.

• Failure of an employer to discharge its duty to ensure the health and safety of other workers on the site.
• Failing to take all practicable steps to prevent danger.

(Fined £55,000 + £30,000 costs) 

 

Back garden chemist jailed for selling controlled chemicals

A man who sold controlled chemicals from a back garden laboratory has today (June 30) been sent to prison.

Dozens of homes in Bridlington, East Yorkshire, were evacuated, after police and an army bomb disposal unit raided Gert Meyers’ property in August last year.  

Meyers, 55, had been selling poisonous chemicals online, which could have been used to make explosive devices.   After local police warned him he needed a Home Office licence, he stopped selling the materials, but continued to operate his laboratory.

Myers pleaded guilty at an earlier hearing to selling a non-medicinal poison on the Poisons List.  Today at Hull Crown Court he was sentenced to eight months in prison and given a Criminal Behaviour Order.

 

Catherine Ainsworth, from the CPS, said:

“Gert Meyers was storing a number of chemicals which were potentially extremely hazardous.  

“The risk was such that surrounding properties were evacuated, and the Royal Logistical Corps was called in to conduct a controlled explosion, at considerable cost.

“This prosecution and the sentencing today underline the very dangerous nature of Meyers’ activities and send out a clear message that this type of activity is not only extremely hazardous, but illegal.”

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Notes for editors

• Catherine Ainsworth is a Senior District Crown Prosecutor with CPS Yorkshire and Humberside.

• Chemicals recovered from Meyers’ home included Nitric Acid, Hydrogen Peroxide, Potassium Perchlorate and Potassium Chlorate.

Kevin Adams jailed for gross negligence manslaughter

A man who failed to prevent the death of a sexual partner has been jailed for two years for gross negligence manslaughter today (26 June).

Kevin Adams, 54, was convicted of the offence in relation to the death of Dohoon Kim following a trial at Bristol Crown Court.

Mr Kim’s body was discovered on the floor of Adams’s home in Swindon on 13 June 2015. Adams had called 999 to say Mr Kim was non-responsive.

A post-mortem examination found Mr Kim had died from a combination of his airways being restricted and the effects of drugs he had taken.

Tammy Mears, from the CPS, said:

“Dohoon Kim visited Kevin Adams at his home to engage in activity involving illegal drugs, restraints and the restriction of his air flow.

“Although Mr Kim allowed Adams to place him in a dangerous position, he also trusted him to ensure he came to no harm while he was unable to fend for himself.

“Adams was under a duty to make sure Mr Kim was not harmed and owed him a duty of care.

“The prosecution argued that Adams’ failure in that duty was so serious it amounted to the criminal offence of gross negligence manslaughter and the jury has agreed.

“Mr Kim’s tragic death was avoidable and I hope that this verdict will provide some comfort to his family and friends. I extend my deepest sympathies to them.”

Ends

·         Tammy Mears is a Senior Crown Prosecutor with CPS Wessex