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20
March 2000
Judicial Review of CPS Decision not to
Prosecute for Manslaughter in Relation to a Workplace
death
This is notice of a
full judicial review hearing starting on the morning
of Thursday 23 March 1999 in relation to the CPS's refusal
to prosecute the managing director of Euromin Ltd for
the manslaughter of Simon Jones, a 24 year old man who
was killed on his first day at work at Shoreham Docks
in Brighton. It is brought on behalf of the family of
Simon Jones.
This is the first ever judicial review of a CPS decision
not to prosecute a company or senior company officer
for the manslaughter of a worker. Over the years, however,
the CPS has been subject to criticism by families and
others for failing to prosecute directors and senior
company officers for manslaughter.
Contact:
| • |
David
Bergman, CCA |
0207
490 4494 |
| • |
Louise
Christian (the lawyer) |
0207
831 1750 |
| • |
Simon
Jones Memorial Campaign |
07957
581646 |
Back to Press Releases
Note to the Editor
Key Statistics
- Manslaughter:
| • |
Last
year 258 workers were killed in sudden deaths
at work. |
| • |
In
the last ten years, over 3000 workers have
died |
| • |
Only
2 workplace deaths have ever resulted in a
manslaughter conviction |
| • |
Independent
assessments indicate that as many as 15% of
all workplace deaths should result in a manslaughter
prosecution against a senior company officer |
- The Health and
Safety Executive
| • |
Only
20% of workplace deaths result in a prosecution
for a health and safety offence |
| • |
The
average fine is £17,000. |
| |
Over
70% of cases are heard in the magistrates
courts |
| • |
fails
to investigate 89% of major injuries investigated |
| • |
In
1996-98, over 500 workers died and over 47,000
workers suffered major injuries, yet not one
director or manager has been prosecuted for
health and safety offences |
Butler Inquiry
This was set up in July 1997 after successful judicial
reviews into CPS decision's not to not to prosecute
police officers for manslaughter. The report was published
in August 1999
The Case of Simon Jones
Simon Jones was a 24 year old Sussex university student
who died on his first day at work on 24 April 1998 whilst
employed by Euromin Limited at Shoreham Docks. On arrival
at the docks, Simon was directed to work unloading a
cargo of bagged stones from inside the hold of a vessel.
He was given no training. The cargo was to be lifted
out of the hold by a crane owned and operated by Euromin
limited. There was a polish Banksman who spoke no English.
Two different attachments were supplied by the crane
manufacturer - though only one could be attached to
the crane at any one time: one was "the grab"
which was used to lift loose aggregates and the other,
a lifting "hook with chains" which was used
to lift objects. The Managing Director had however personally
ordered hooks to be welded to the column inside the
grab in order to avoid the delay in changing the attachments.
Although, the safety instruction of the crane manufacturer
warned that it was not safe for anyone to be within
the work area of the grab, the new welding arrangement
meant that any worker doing Simon's work would have
to put his head close to the grab. On this occasion
the jaws of the grab closed around Simon's neck killing
him.
The Law
After a workplace death there are two offences that
might have been committed:
- a breach of health
and safety law: this requires evidence of negligence.
The offence is investigated and prosecuted by the
the Health and Safety Executive
- the offence of
Manslaughter: this requires evidence that a person
- in this case the managing director - had acted
with gross negligence and that this was a cause
of the death.
A company can only be
convicted of manslaughter, if a director or senior manager
(i.e a "controlling officer") is convicted.
In January 1999, the CPS decided against the prosecution
of the Managing Director of Euromin.
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