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Acquittals
of Companies, company directors, business owners and
senior managers before 2000
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Acquittals
of Company Directors and Business Owners for manslaughter
Deaths
of seven people in Southall Dissater in July
1999
In July 1999, Great Western Trains was cleared
of the manslaughter of seven people who died when
a train operated by the company went through a red
signal in Southall, West London and collided with
an empty freight train. Mr Justice Scott Baker ruled
in a pre-trial hearing that the company could only
be prosecuted if a person deemed to be a ‘controlling
mind’ of the company was prosecuted, and no such
person had been charged. The CPS then dropped the
manslaughter charges against the driver of the train
Larry Harrison. The Company subsequently pleaded guilty
to health and safety offences and was fined £1.5
million.
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Death
of Michelle Shields in August 1996
In February 1998, Susan Morgan and Brian Nobes,
the owners of SCM Caterers were cleared of the manslaughter
of 11 year old Michelle Shields who was killed in
August 1996 when a 10 ton lorry, owned by the company,
crashed into a line of cars on the Queen Elizabeth
II bridge in Dartford. It was alleged that the lorry
had defective brakes. The Judge at Maidstone Crown
Court stopped the trial ruling that the prosecution
could not disprove the possibility that the driver
had not braked early enough and could not therefore
prove that responsibility lay with the defendants.
Kenneth Garden, the lorry driver, was convicted of
driving without an HGV license and with a defective
tyre and was fined £300.
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Death
of Anthony Jackson in July 1994
In 1996, Denis Banks, the Works Director of the
Derby premises of Berhard Metals (UK) was acquitted
of the manslaughter of Anthony Jackson who died in
July 1994 when he was engulfed in a fireball whilst
working near a furnace. Nottingham Crown Court had
heard that the company had added magnesium swarf (a
waste product from engineering processes) into a furnace
that contained molten aluminum. Three witnesses alleged
that they had told Banks that the magnesium was unsuitable
– though Banks denied these conversations. The
jury, however, convicted the company for health and
safety offences and was fined £50,000.
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Deaths
of Derek Waterworth and five others in September 1993
In January 1998, 46 year old Eric Preston, the
transport manager of Fewston Transport, was acquitted
of the manslaughter of tipper driver, Derek Waterworth
(63), van driver, Peter Stott (42), and pedestrians,
Beryl Rose (49), Angela Rooke (38), Anne Rossley (32)
and her daughter Karen (2) who all died in September
1993. The deaths took place when a heavily laden truck,
driven by Derek Waterworth, careered down a hill and
ploughed into a van. It had been alleged that the
truck had grossly defective brakes. The judge ruled
that Eric Preston could not receive a fair trial because
the police accident investigator was too ill to come
to court, and the vehicle and other evidence had been
returned to the owners prior to the trial. The prosecution
took place after a successful judicial review by families
of an earlier decision by the CPS not to prosecute.
The company had previously been convicted of using
a vehicle with defective brakes and fined £5000.
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Deaths of 192 people in May 1987
In September 1990, P&O (European) Ferries
and two directors were acquitted of the manslaughter
of 192 people who died when the ferry, the Herald
of Free Enterprise sank of the coast of Zeebrugge
in May 1987 after it had left port with its bow doors
open. The Judge stopped the prosecution because –
whatever the failures of the defendants – there
was insufficient evidence to show that the risk of
the ferry leaving port with its bow doors open was
‘obvious and serious’. Six other defendants
were also acquitted.
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