A coroner has been forced to hold an inquest into the deaths of four workers who were killed in September 1999 when they fell 25 metres from the Avonmouth Bridge, following legal action by the father of one of the men.

To download the draft Court Order which was sealed by the Court today, Click Here (word)

In December 2001, Paul Forrest, the Coroner for the County of Avon, informed Newcastle-based George Stewart, the father of 23 year old Paul – one of the four men who died – that he would not hold an inquest into the four deaths.

The Coroner refused to back down even after the Centre for Corporate Accountability – which had been advising George Stewart on investigation and prosecution issues arising out of his son’s death – wrote to the Coroner in July pointing out to him that the law required him to hold an inquest and he had no discretion to decide otherwise. To download the CCA letter which sets out the law, Click Here (word)

The Coroner only changed his mind after George Stewart, the father of 23 year old Paul, initiated judicial review proceedings at the High Court to force the coroner to hold an inquest. The action was taken by Clare Collier a solicitor from the Public Law Project.

George Stewart, said:

"I am delighted that there will finally be a public inquest into the death of my son where witnesses can given evidence and I, through my legal representatives, can ask questions. Finally I, and the other families, can get to the bottom of how this tragedy took place, who was responsible for the deaths and what lessons can be learnt for the future."

Andrew Rodgers (40), Jeffrey Williams (42), Ronald Hill (39) and Paul Stewart (23) died after strong winds blew the gantry off the end of a rail, sending the workers plunging 25 metres to the ground.

In November 2001, Yarm Road Ltd (formerly Kvaerner (Cleveland Bridge) Ltd) and Costain Ltd were fined a total of £1million after pleading guilty to health and safety offences.

The Health and Safety Executive said in court before the companies were sentenced:

"The seriousness of the case lies not only in the number of health and safety breaches committed by the company but that fact that the dangerous working practices of the company not only put the lives of the workmen at risk but other workers on site, residents in the vicinity of the bridge, road and rail users at risk"

The companies had received a total of £150 million of Government money to carry out the work.

The coroner had argued that he did not need to hold an inquest because the HSE had prosecuted the companies.

David Bergman, from the Centre for Corporate Accountability said:

"Coroner’s Inquests provide the only forum for a family to find out in some detail how their relative has died. The inquest will also provide George Stewart and the other families an opportunity to determine whether decisions by the HSE not to prosecute any individual managers or directors were correct and indeed whether an unlawful killing verdict is appropriate"

Clare Collier, from the Public Law Project said:

"The legal issues in this case were clear cut – the Coroner’s original decision not to hold an inquest was unlawful and in breach of his duties under the Coroner’s Act 1988. It is unfortunate that Mr Stewart had to instruct a lawyer and issue court proceedings before the Coroner could be persuaded to carry out his duty. Mr Stewart is just one of thousands of people throughout the country to be affected by an unlawful decision of a public official or public body; it is most regrettable that the majority have no access to the legal assistance they need to get these decisions overturned."

To download the speech that George Stewart gave at the recent CCA/TUC conference which sets out the facts of the case, Click Here (word)

If you want to speak to George Stewart Contact or someone from the CCA call the CCA on 020 7490 4494

Public Law Project - Tel: 020 7269 0572

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1. The Public Law Project is an independent, national legal charity which aims to improve access to public law remedies for those whose access is restricted by poverty, discrimination or other similar barriers
   
   
2. The Centre for Corporate Accountability is an independent nonprofit advice, research and lobbying group at the forefront of seeking to ensure that health and safety law is properly enforced and that deaths and injuries resulting from corporate activities are subject to adequate criminal investigations, and, where appropriate, prosecution and effective sanctions. It's charitable activities are funded by Joseph Rowntrees Charitable Trust.
   
   The Centre runs a Work Related Death Advice Service
   
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