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31
March 2000
The health and Safety Executive's
failure to investigate death of young asian man subject
to juducial review
This is notice of a full judicial review
hearing on the morning of Tuesday 4 April 2000 at the
High Court in London in relation to the HSE's refusal
to investigate the death of 20 year old Mohammed Omar
Akhtar It is brought on behalf of his family.
20 year old Mohammed Omar Akhtar was killed on 12th
August 1997 when a forklift truck, driving out of Moores
Timber Merchants in Manchester struck the car in which
he was driving. The forks of the Fork Lift Truck pierced
the windscreen and sliced into his neck. He died the
next day.
The police carried out a road traffic investigation.
As a result, the driver of the Fork Lift Truck and his
employer. Moores Timber Merchants, were convicted for
failing to have insurance. They both received a six
month conditional discharge
However, the Health and Safety Executive decided not
to undertake any investigation into the management of
the company.
The failure of the HSE to investigate this incident
has meant that the company and its senior company officers
may have escaped prosecution for either:
- health and safety
offences
- manslaughter.
The Health and Safety
Executive accepts that it - and not the Local Council
- had the responsibility for any investigation into
this incident. At the time of the incident the HSE had
responsibility for referring appropriate cases to the
police CID or to the Crown Prosecution Service if there
was evidence of gross negligence (i.e. manslaughter)
In February, the Select Committee on Environment, Transport
and the Region criticised the HSE:
- for its investigation
policy as being "totally inadequate".
The HSE only investigates 10% of major injuries
reported to it.
- for its "low
level of prosecutions". It only prosecutes
companies after 20% of workplace deaths and after
1% of major injuries reported to it. Between 1996-1998,
it failed to prosecute a single manager or director
in relation to over 500 workplace deaths and 47,000
major injuries reported to it.
CONTACTS
Hilda Palmer, Greater Manchester Hazards Centre
Tel: 0161 953 4037
Helen Dolan Solicitor, Hugh Potter & Company
Tel 0161 237 5888
David Bergman, Centre for Corporate Accountability
Tel: 0171 209 9143
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