Cases
involving convictions of companies, directors and
business owners after 2000
Name
of Deceased |
Date
of Deaths |
Conviction
Date |
Convicted
Defendants |
Status |
Sentence |
|
Feb 2002 |
Dec
2004 |
Melvyn
Spree |
Director |
7
years |
Keymark
Services |
Company |
|
Ben
Pinkham |
Feb
2003 |
Jul
2004 |
Nationwide
Heating Services Ltd |
Company |
£90,000
(including H+S offences) |
Alan
James Mark |
Director |
One
year imprisonment |
Shaun
Cooper |
Sept
2001 |
Dec
2003 |
Peter
Pell |
Business
Owner |
One
year imprisonment |
Ghulam
Sarwar + Mumtaz Hussain |
Aug
1999 |
Jun
2003 |
Ian
Morris |
Business
Owner |
9
months imprisonment |
Christopher
Longrigg |
Apr
2000 |
24
Feb 2003
|
Teglgaard
Hardwood (UK) Ltd |
Company |
£25,000 |
William
Horner |
Director |
Not
Guilty |
John
Horner |
Director |
5
month prison sentence - suspended for two years |
Stephen
Hayfield |
Nov
2000 |
Oct
2002 |
Dennis
Clothier and Sons: |
Company
|
£4,000 |
Julian Clothier |
Director |
240
hrs community Service |
Bill
Larkman |
Jun
1999 |
Aug
2001 |
English
Brothers Ltd |
Company |
£25,000 |
Lee
James Smith |
Nov
1999 |
July
2001 |
Edward
Crow |
Farm Owner |
1
year (suspended) |
Alistair
Crow |
Farm
Owner |
15
months imprisonment |
John
Speight |
Feb
1998 |
Mar
2000 |
Roger
Jackson |
Director |
1
year (suspended) |
Deaths of Steven Law, Neil Owen, and Benjamin Kwapong
Melvyn
Spree, 47, from Sheerness, in Kent, admitted the manslaughter
and unlawful killing of Mr Owen and Mr Kwapong. Keymark
Services pleaded guilty to the manslaughter of the
two men. The crash on the M1 in Northamptonshire happened
on 27 February 2002 when lorry driver Steven Law -
who worked for Keymark Services - fell asleep at the
wheel and crashed into seven vehicles. Northampton
Crown Court heard how lorry drivers were told to falsify
records so they could work longer hours. It also heard
how working practices at the haulage company were
"an accident waiting to happen". Sir Derek
Spencer QC, prosecuting, said: "Drivers drove
as long as they could, failing to take daily rests
and weekly rests. "The result was that there
was a risk that any of them at any time might fall
asleep at the wheel.
Drivers also regularly kept false records of working
hours so it appeared they were complying with the
law. At the time of the collision, Mr Law's tachograph
actually showed his truck at rest at Keymark's depot
on the Isle of Sheppey.
Following a police investigation all of the company's
10 full-time drivers were prosecuted - they were fined
for a total of 400 different offences of breaching
driving regulations and falsifying vehicle records.
Three other part-time drivers received official cautions.
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Death
of Ben Pinkham
Ben suffered 90% burns following an explosion at Princess
Yachts International on 3 February 2003.
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Death of Shaun Cooper
Peter Pell pleaded guilty to the manslaughter of Shaun
Cooper, aged 27, who was crushed to death after he
was trapped in equipment in a poultry shed in a farm
in Wysall Nottinghamshire. Mr Cooper was the second
employee working for Mr Pell's poultry shed cleaning
company to die in less than six years. A judge at
Nottingham Crown Court heard the 62-year-old bought
the skid steer loader in 1994 and within days had
pulled out the safety mechanisms designed to protect
the operator. Prosecutor Stuart Rafferty said: "He
(Pell) removed every conceivable safety feature.
He knew perfectly well that he should not have removed
those features, not least because this vehicle is
provided with both a video and a detailed manual which
make it abundantly plain." Mr Justice Morland
said: "This was a case of a flagrant disregard
for the safety of your employees, utter recklessness.
And but for the fact that you are 62 years of age
and in a very poor state of health, it would have
been my duty to have passed a prison sentence of some
years in length. The death of Mr Cooper at the age
of 27, just days before he was to have been married,
leaving three young children fatherless was a tragedy
that never, never should have happened."
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Death
of Ghulam Sarwar and Mumtaz Hussain
Ian Morris, a sole trader who owned the the paint
stripping business, Eng Industrial Services, was convicted
of the manslaughter of Ghulam Sarwar and Mumtaz Hussain
who died after being overcome by dychlormethane chemical
fumes which had escaped from the processing area.
Mr Hussain, 40, from Birmingham was an experienced
worker at the factory. His nephew Mr Sarwar had been
working at the factory for just 2 days.
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Death
of Christopher Longrigg in April 2000
On 25th February 2003, Teglgaard Hardwood
(UK) Ltd and one of its directors, John Horner (58)
pleaded guilty at Hull Crown court to the manslaughter
of 18 year old labourer Christopher Longrigg who died
in April 2000 when a stack of timber fell on him whilst
he was working for the company at the old Dunstans
shipyard in Hessle.
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Death
of Stephen Hayfield in November 2000
In October 2002, the company, Dennis Clothier
and Sons, and one of its directors, Julian Clothier
were found guilty of the manslaughter of Stephen Hayfield
(39) who died in November 2000 when he was hit by
a 20-tonne trailer which was owned by the company.
Bristol Crown Court heard that the trailer became
detached from a tractor because it was dangerously
loaded and the hitch mechanism connecting the trailer
to the tractor was "badly worn". Mr Clothier
was responsible for the maintenance on the companys
vehicles, and the court heard that he should have
noticed the defect which was "obvious to the
naked eye." A failsafe system was not connected
at the time of the crash. In December, he was sentenced
to do 240 hours community Service
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Death of Bill Larkman
in June 1999
In August 2001, English Brothers Ltd, a Wisbech based
construction company, pleaded guilty to the manslaughter
of Bill Larkman, a gang foreman, who died in June
1999 when he fell over eight metres though a fragile
roof to his death. The prosecution had earlier accepted
a plea of not guilty from Melvyn Hubbard,
a director of the company. The Court heard that in
1997, inspectors from the HSE had seen Bill Larkman
working at another English Brothers site without using
the correct safety equipment, and had spoken to the
company about its safety failings. However nothing
was done to improve the situation. The company was
fined £25,000.
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Death
of Lee James Smith in November 1999
In July 2001, two farmers, Edward Crow (61) and his
son Alistair Crow (32), were found guilty of the manslaughter
of Lee James Smith - their 16 year old trainee - who
died in November 1999 when the seven tonne JCB Potato
Loader he was operating was hit by a lorry on the
A49 crushing him to death. Birmingham Crown Court
heard that "the JCB should not have been under
the control of an untrained 16 year old with very
limited experience of operating such a large, potentially
dangerous piece of equipment". There was also
evidence that a health and safety inspector had given
instructions that Lee should not drive the JCB until
he had received training. Mr Alistair Crow was jailed
for 15 months whilst his father received a one year
suspended sentence.
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Death
of John Speight in February 1998
In March 2000, Roger Jackson (43), Director of Easy
Moss Products LTD was convicted for the manslaughter
of John Speight (25), a worker with special needs,
who was crushed to death in February 1998 when he
fell from a cage which was being lifted on a forklift
truck (FLT). He received a 12 month sentence, suspended
for two years. He was also convicted of two health
and safety offences and fined £10,000.
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