|
July
22 2003
CPS
TO RECONSIDER MANSLAUGHTER CHARGES RELATING TO AVONMOUTH
DEATHS
The Crown Prosecution Service (CPS) will now have
to reconsider its decision not to prosecute any individuals
for manslaughter following yesterday's inquest verdict
of 'unlawful killing' which concerned the deaths of
four mean who fell 30 metres from the Avonmouth bridge
in September 1999.
Andrew
Rogers, aged 40, Jeffrey Williams, aged 42, Ronald
Hill aged 39 and Paul Stewart aged 23 died after strong
winds blew a gantry off the end of the rail, sending
the workers plunging 25 metres to the ground.
Costain
Ltd and Kvaerner (Cleveland Bridge) Ltd were in a
joint venture to undertake major construction work
on the Avonmouth Bridge. In November 2001 the two
companies were convicted of health and safety offences
and fined a total of £500,000.
David
Bergman, Director of the Centre for Corporate Accountability,
said:
"Whenever
there is an inquest verdict of 'unlawful killing',
it is standard procedure for the CPS to review its
decision not to prosecute any individuals for manslaughter
and we expect it to happen in this case. In particular
they will look at whether any new evidence emerged
at the inquest
It
is very likely, that whatever the evidence, it will
not be possible to prosecute the two companies for
manslaughter. This is because they have already
been prosecuted and convicted of health and safety
offences, and a defendant can not be prosecuted
a second time for a different offence on the basis
of the same set of facts. However, this does not
preclude the possibility of individual directors
or managers being prosecuted for manslaughter."
It
is interesting to note that the Health and Safety
Executive will also be looking at the case again.
It is likely that the HSE will be considering whether
there is now sufficient evidence to prosecute any
individual manager or director for health and safety
offences.
The
Centre for Corporate Accountability has learnt that,
in the coarse of its investigation so far, the HSE
did not take any statements from any 'off-site' manager
or director of the two companies.
On behalf of George Stewart, the father of Paul, the
CCA will be writing to the HSE asking why it did not
make these inquiries and whether, as part of its review
and in line with its Enforcement Policy Statement,
the HSE would consider making further inquiries into
the conduct of off-site senior company officers.
The
Health and Safety Commission Enforcement Policy Statement,
published in January 2002, states that the HSE:
"should identify and prosecute or recomend
prosecution of individuals if they consider that
a prosecution is warranted. In particular, they
should consider the management chain and the role
played by individuals directors and managers ..."
Notes
to the Editor
| • |
The
families were represented at the inquest by Brian
Freeman of Browell Smith & Co on behalf of
the GMB trade union. A number of the workers who
died were members of the GMB. The union has also
dealt with their civil claims for compensation |
| • |
The
inquest is taking place after the success of judicial
review proceedings which were initiated by solicitors
from the the Public Law Project, acting on behalf
of George Stewart, the father of Paul. To read
more about this, click
here |
| • |
The
CCA runs a 'Work-Related Death Advice Service'
and has provided George Stewart advice and assistance
in relation to his son's death. |
To
obtain more information on the inquest contact:
| Centre
for Corporate Accountability |
020
7 490 4494 |
| GMB
Press Office |
020
8947 3131 |
| Brian
Freeman, Browell Smith and Co |
0191
221 1611 |
To
contact the CCA, call 020 7 490 4494
|
