CPS News Brief

Company director to face manslaughter charge for death of Meg Burgess

We have decided that George Collier should be charged with gross negligence manslaughter in relation to the death of Meg Burgess on 26 July 2008 in Prestatyn, Wales.

Meg Burgess, aged three, was killed when a wall designed by Mr Collier and constructed by his company, Parcol Developments Limited, collapsed on to a public footpath in Ffordd Penrhwyfla.

Rosemary Ainslie, reviewing lawyer for the CPS Special Crime and Counter Terrorism Division, said:

“I have carefully reviewed all of the evidence gathered by North Wales Police and the Health and Safety Executive during their thorough investigation into the tragic death of Meg Burgess in July 2008.

“After considering reports from experts on construction standards and advice from counsel, I have decided that George Collier should be charged with gross negligence manslaughter for his role in designing and constructing the wall that collapsed. Mr Collier has been summonsed to appear at Prestatyn Magistrates’ Court on 3 October 2011.

“I have also decided that Parcol Developments Limited, of which Mr Collier was a director, should be charged with an offence under Section 3 of the Health and Safety Act at Work 1974. Section 3 requires all employers to conduct their business in a way that ensures, so far as is reasonably practicable, that others are not exposed to risk.

“I did consider whether Parcol Developments should also be charged with corporate manslaughter. There is sufficient evidence to prosecute the company for this offence, but it would not be in the public interest to do so. The company had only two directors and Mr Collier was the only one directly involved in this incident. The charge against him is sufficiently serious to address the alleged offending.”

Senior Investigating Officer Mark Abbott of North Wales Police said:

“The family have been kept fully updated throughout the investigation and they have been informed of this decision.

“This remains a difficult time for the family and they request that their privacy is respected.”

Lion Steel Ltd and three directors charged with manslaughter

Alison Storey, reviewing lawyer in the CPS Special Crime and Counter Terrorism Division, said:

“I have advised Greater Manchester Police to charge Lion Steel Ltd in Manchester with corporate manslaughter following the tragic death of Steven Berry at the Hyde site on Johnson Brook Road when he fell through a fragile roof panel and died as a result of injuries sustained in the fall. I have also decided that three of the company directors - Kevin Palliser, Richard Williams and Graham Coupe - should be charged with gross negligence manslaughter.

“The three men are also charged under section 37 of the Health and Safety at Work Act 1974 for failing to ensure the safety at work of their employees. Lion Steel is also charged under section 2 and 33 of the Health and Safety at Work Act 1974 for failing to ensure the safety at work of its employees.

“I have taken this decision after very carefully reviewing the material gathered in the police investigation and have concluded that there is sufficient evidence for a realistic prospect of conviction and that it is in the public interest to bring these charges.

“The first hearing will take place at Tameside Magistrates’ Court on 2 August 2011."

CPS decision on Atherstone fire deaths

Three Warwickshire Fire and Rescue Service managers will face charges of manslaughter by gross negligence for the deaths of four firefighters in a warehouse in Atherstone-on-Stour in 2007, the Crown Prosecution Service (CPS) has decided.

In addition, Warwickshire County Council will face a charge of failing to ensure the health and safety at work of its employees, under section 2 of the Health and Safety at Work Act 1974.

Ian Reid, John Averis, Ashley Stephens and Darren Yates-Badley tragically lost their lives in a fire at the premises of Wealmoor (Atherstone) Ltd on 2 November 2007.

Michael Gregory, reviewing lawyer in the CPS Special Crime Division, said:

“Following a thorough investigation by Warwickshire Police and the Health and Safety Executive, I have reviewed the evidence in this case very carefully and I have decided that there is sufficient evidence and it is in the public interest to charge Paul Simmons, Adrian Ashley and Timothy Woodward with gross negligence manslaughter.

“Mr Simmons and Mr Ashley were Watch Managers and Mr Woodward was a Station Manager at the time of the fire, but they all acted as incident commanders before, during and after their colleagues were sent into the burning building. In that role they were responsible for making the operational decisions while their colleagues tried to put out the fire.

“I have also decided that there is sufficient evidence for a realistic prospect of conviction against Warwickshire County Council for failing to protect the health and safety of its employees and that it is in the public interest to prosecute.

“I send my sincere condolences to the families of these four men who died in such terrible circumstances.”

Nine other individuals, who were investigated by Warwickshire Police, have been told that there was insufficient evidence to take any action against them.

The defendants will appear at Leamington Spa Magistrates' Court on 1 April 2011.

• The CPS provided advice to Warwickshire Police and the Health and Safety Executive during the course of their investigations. Warwickshire Police passed a file of evidence to the CPS in August 2010 and submitted an outstanding expert report at the end of October 2010. The CPS received further expert advice at the end of January 2011, and received advice from a Queen’s Counsel on 14 February 2011 before reaching its decision.

• The CPS has not received any evidence from the police relating to any suspects for deliberately starting the fire.

• The decision whether any prosecutions should be brought under the Regulatory Reform (Fire Safety) Order 2005 is one for the Health and Safety Executive.

Cotswold Geotech convicted of first corporate manslaughter charge under new act

COTSWOLD GEOTECH CONVICTED OF FIRST CORPORATE MANSLAUGHTER CHARGE UNDER NEW ACT

Cotswold Geotechnical Holdings has today become the first company to be convicted of the new offence of corporate manslaughter.

Alex Wright was 27-years-old when he died on 5 September 2008. He was a geologist for Cotswold Geotechnical Holdings and was investigating soil conditions in a deep trench on a development plot in Stroud when it collapsed and killed him.

Kate Leonard, reviewing lawyer from the Crown Prosecution Service (CPS) Special Crime Division, said:

“Alex Wright was a young man, full of promise. His death is a tragedy for all those who loved him and would never have happened if Cotswold Geotechnical Holdings had properly protected him.

“I hope that this conviction offers his family some sense of justice. I send them my sincere condolences once again.”

The CPS told the court that Mr Wright was left working alone in the 3.5 metre-deep trench to ‘finish-up’ when the company director left for the day. The two people who owned the development plot decided to stay at the site as they knew Mr Wright was working alone in the trench. About 15 minutes later they heard a muffled noise and then a shout for help.

While one of the plot-owners called the emergency services, the other one ran to the trench where he saw that a surge of soil had fallen in and buried Mr Wright up to his head. He climbed into the trench and removed some of the soil to enable Mr Wright to breathe. At that point, more earth fell so quickly into the pit that it covered Mr Wright completely and, despite the plot owner’s best efforts, Mr Wright died of traumatic asphyxiation.

The prosecution’s case was that Mr Wright was working in a dangerous trench because Cotswold Geotechnical Holdings’ systems had failed to take all reasonably practicable steps to protect him from working in that way. In convicting the company, the jury found that their system of work in digging trial pits was wholly and unnecessarily dangerous. The company ignored well-recognised industry guidance that prohibited entry into excavations more than 1.2 metres deep, requiring junior employees to enter into and work in unsupported trial pits, typically from 2 to 3.5 metres deep. Mr Wright was working in just such a pit when he died.

There was no person in the dock at Winchester Crown Court during the three-week trial as it is the company, rather than an individual, which is charged with corporate manslaughter.

The case was investigated by Gloucestershire Constabulary and supported by the Health and Safety Executive.

Cotswold Geotechnical Holdings will be sentenced on Thursday 17 February 2011.