Information
Note
Full
Judicial Review Hearing concerning the adequacy of
an inquest into a work-related death starts Monday
The
High Court begins a two day hearing on Monday 21 July
which will decide whether a new inquest should be
held into death of Stephane Aineto.
Mr Aineto, a 28 year old French man, was killed in
Brighton in July 2001 when he was run over by a Council
refuse truck.
John
Halford of Bindman and Partners, the family's solicitor,
said:
"This
is a critical test case about answers, accountability,
and human rights. The Police accept that they have
no answers as to how Stephane came to his death.
The Coroner had no answers for his family either
at the inquest. It then emerged that Stephane's
death should have been reported to the Health and
Safety Executive, and we are arguing that, in those
circumstances, the Executive should have been involved
in the inquest and there should have been a jury.
It was then reported that there had been warnings
about the design of the vehicle which ran him over.
A local Trades union claims it warned SITA that
the lack of a safety bar between the front and rear
wheels was hazardous to pedestrians. It
was between those very sets of wheels that Stephane
was crushed to death. We say that should have been
explored by the Coroner, as should the question
of whether the Council did all it could to ensure
SITA (the company carrying out the refuse collection
on behalf of the council) operated safely. The Human
Rights Act requires the State to ensure that everyone's
right to life is protected by law, and where the
state is involved in a death, it is properly and
fully investigated. We are asking the High Court
to enforce this right, hold the Coronor to account
for her errors, and to ensure that all of the evidence
that has emerged since her inquest is properly examined.
Only then can lessons be learned and proper respect
shown to Stephane's memory and his grieving family."
At
the first inquest held in December 2001, the coroner
concluded that Stephanes death was an accident.
She added that why this happened one cannot
say.
However the inquest was held:
|
without
a jury - when there should have been one; |
|
without
the involvement of the Health and Safety Executive
- although the HSE is now conducing a criminal
investigation; |
|
without
hearing evidence from the council - although they
are responsible for the refuse collection in the
city; |
|
without
hearing evidence that the GMB trade union had
raised concerns about the safety of the vehicle
involved in the death |
The
Centre for Corporate Accountability has been providing
the family with advice and assistance through its
Work-related Death Advice Service and
put the family in contact with the Public Law Project
which initiated proceedings, (now taken over by Bindman
solicitors.)
Previous
Press Releases
For
Further Information:
Return to Press Releases
Notes to Editors
-
The Centre for Corporate Accountability is an independent
non-profit advice and research group concerned with
promoting worker and public safety.
|