Acquittals of Companies, company directors, business owners and senior managers between 2000 - 2004

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Acquittals of Companies, Company Directors and Business Owners for manslaughter

Death of Paul Wakefield and Craig Whelan

In June 2004 Ian Billington, Technical Site Manager, John Kither, Manufacturing Engineering Manager and Colin Stevens, Project Manager, who were charged following the deaths of Craig Whelan and Paul Wakefield, two steeple jacks, at Carnauld MetalBox Food UK in Bolton were acquitted of manslaughter at Preston Crown Court. They were fined a total of £17,000 after pleading guilty to health and safety offences.

In May 2002, the two steeplejacks were engulfed in an intense fireball while they were carrying out demolition work inside a 200ft chimney. The two men, working for Nottingham steeplejack firm Churchill's, were using hot cutting equipment to bring down the chimney. The equipment ignited the flammable tar coating the inside of the chimney. The manslaughter charges were dropped after new evidence emerged at the trial. The court had heard company bosses had been warned of the fire risk. One witness said he was 'flabbergasted' by the poor quality of the risk assessment prepared by the company for the demolition job.

In May 2007 Craig's mother, Linda Whelan, marking the fifth anniversary of the tragedy, revealed the family had been told that an inquest into his death would not be held.

She said, 'The coroner said it was not in the public interest but we still do not know the full facts.'

Linda laid a bouquet of flowers on Craig's grave to mark the anniversary of his death and told how it had 'ripped apart' her family. She is also calling for tougher corporate manslaughter laws.

She said, 'As a family we are still fighting for answers as to how and why my son was killed in such a terrible way.'

Linda is a founder member of a pressure group backing a Corporate Manslaughter and Corporate Homicide Bill going through Parliament but wants it amended to include custodial sentences for company directors.

Mrs Whelan was one of hundreds of friends and relatives of people killed at work to pay tribute to them at an annual ceremony in Manchester to mark International Workers' Memorial Day.

Speakers, including Manchester Central MP Tony Lloyd and trade union leaders, said there needed to be tougher penalties against companies found to be negligent when people died in the workplace.

Mrs Whelan said, 'We welcome a law that makes it easier to prosecute companies for corporate manslaughter but we feel that the penalty of an unlimited fine does not reflect the seriousness of the crime.'

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Death of Marc Polden

Mark was working on a construction site in Leadbury Mews, in Notting Hill in London. He was cutting a tank which caught fire and he received burns. Terrence Astin was a partner in a business that traded as Tidworth Services which was involved in the refurbishment of offices. At the time time busines was involved in a conversion of a garage repair shop premises into office accommodation.

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Death of Virginia Wall and two others

In June 2002, the trial started of IMCO Plastics Ltd, a plastics moulding company in Glastonbury, and its 61 year old Managing Director, Michael Lewis, for the manslaughter of three pensioners who died of legionnaires disease after they visited a B&Q Garden Centre adjacent to the company. The three people who died were Virginia Wall (76), Michael Carroll (72) and Rita Spencer (68). Bristol Crown court heard that Mr Lewis was warned on a number of occasions that the company’s cooling tower contained traces of legionella bacteria. It has also heard evidence that Michael Lewis ignored advice that the company should replace the tower and undertake far more frequent cleaning. Instead Mr Lewis built another tower which, it is alleged, made matters worse. The trial came to a halt when the Judge ruled that Mr Lewis was unfit to stand trial. A further attempt by the CPS to prosecute also came to an end when a judge again ruled that Mr Lewis was unfit to stand trial. An inquest into the deaths took place in October 2003 and returned a verdict of 'unlawful killing'. The company subsequently pleaded guilty to health and safety offences in November 2003 and was fined £75,000. The judge said that the fine would have been higher under normal circumstances, but he did not want to put 112 factory employees' jobs at risk. "It would compound the tragedy, and I can't think the victims and their relatives would want that," he said.

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Death of Dean Butler
A company and its two directors were acquitted of the manslaughter of 15 year old Dean Butler who died after being caught in a crushing machine while working at a waste-recycling site. It was believed that the machine had been accidentally started while Dean was clearing Debris from a conveyor belt after a blockage had been removed. The court was told that the concrete-crushing machine had been left ticking over while the blockage was cleared when it should have been switched off. Protective guards which prevented workers from clambering into the machinery had also been removed. All three defendants were however convicted for breaches of health and safety law. Lewis Courtney was ordered to pay £6000, James Holland was fined £1,500 and the company was fined £32,000.

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Death of Stacey Rowe in May 2000
Alison de Vey and Ian Kirby had charges of manslaughter relating to the death of Stacey Rowe - who died in May 2000 after falling from a ride at a fair in Cornwall - dropped due to lack of evidence. They pleaded guilty to health and safety offences and received a two year conditional discharge at Plymouth Crown Court. The court had heard that Alison de Vey had brought the ride for £125,000 about eight weeks before the accident but had little knowledge of how it worked. A vital pin on the safety bar had slipped and that the ride's operator, Ian Kirby-Selves should have inspected the mountings of the safety bar but he had not done so. As a result Stacey Rowe was thrown 30 ft to the ground. Death of Stacey Rowe

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Transco Case (Scotland)
On December 22 1999 a massive explosion destroyed a family house in Larkhall, Lanarkshire. All four occupants of the the house including two children were killed. They were Andrew Findlay (34), his wife Janette (37) and their children Stacey (13) and Daryl (11).

To see more about about this case:
Click here
and
Press Release, 3 June 2003

Death of Christopher Shute in August 2000
In February 2002, Paul McKenzie (53), a company director of Philip Services (Europe) Ltd, and Peter Preston, a supervisor, were charged with his manslaughter of 30 year old factory worker Christopher Shute who died in August 2000 when he slipped and fell into a giant tank of paint at the Ford car paint shop factory in Southampton. Christopher Shute was a contract worker employed by the company - which was also charged with manslaughter. The charges against both men were however dropped and instead they pleaded guilty to health and safety offences at Winchester Crown Court and were each fined £5,000.

In addition, Haden Drysis International Limited and Ford Motor Company were charged and pleaded guilty to breaching the Health and Safety at Work Act 1974. They were fined £25,000 and £50,000 respectively.

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Death of Allan Mannerings in July 2001
Alan Swift Roofing Contracts Ltd and its director Alan Swift were acquitted for the manslaughter of Allan Mannerings who died on 11 July 2001 at Maidstone Crown Court on 18 February 2003. Mr Mannerings fell to his death whilst working for the company. The company and Mr Swift however pleaded guilty to health and safety offences. The company was fined a total of £20,000 and the Mr Swift a total of £10,000.

Article on Sentencing

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Death of Glenn Whalley and Anthony Redfern in October 2000
In November 2002, Norman Cliffe, (who traded as Nightingale Cleaning Services) and Justin Amos (who traded as Industrial Cleaning Services) were acquitted of the manslaughter of Glenn Whalley (28) and Anthony Redfern (40) who died in October 2000. They were burnt to death whilst cleaning Holmes Place health club in Nottingham. Leicester Crown Court heard that the men had been using unsuitable chemicals and had not been made aware of the dangers they faced. The two died after the industrial chemicals they were using ignited. The two men pleaded guilty to two health and safety offences and were fined £5,000 and £2,500 respectively. Simon Construction Ltd, the main contractors, was convicted of two health and safety offences and fined a total of £40,000.

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Death of Michael and Carl Redgate in July 2000
In October 2002, the Court of Appeal quashed the conviction of Brian Dean, former owner of Brian Dean Demolition and Civil Engineers, who in March has been convicted of the manslaughter of two of his employees, Michael Redgate (46) and his son Carl (18), who died in July 2000 when a kiln collapsed on top of them. Stoke on Trent Crown Court heard that the two men were sent to demolish the disused kiln without proper instruction and with no previous experience of kiln demolition. The Court of Appeal substituted the manslaughter conviction with a conviction for a health and safety offence.

To download the Court of Appeal Judgment, Click Here

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Death of Bill Larkman
Trial of Cambridgeshire Construction Company, English Brothers Ltd and its director, Melvyn Hubbard, at Northampton Crown Court in August 2001 in relation to the death of 56 year old Mr Bill Larkman

The Case against Mr Hubbard was dropped on the first day of the trial.

The Company pleaded guilty of manslaughter

To see more about this case
Press Release, 3 August 2001

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Death of Stanley Dawson in May 2000
In May 2002, Factory Cover Ltd (a specialist maintenance company) and its Managing Director, John Elders, were acquitted of the manslaughter of Stanley Dawson (50) who died in May 2000 when he fell 25 feet through the roof of a Billingham warehouse. Teeside Crown Court had heard that the only safety equipment provided were seven safety boards and that although John Elders knew the roof and skylights were fragile, he had not provided safety harnesses or a safety net. An HSE inspector had two months earlier warned John Elders about carrying out high risk roofing work without taking enough safety measures. John Elders, and the company, pleaded guilty to two health and safety offences.

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Deaths of Eunice Fifield and W Armastrong in September 1999
In October 2001, a Judge at Chelmsford Crown Court ordered that manslaughter charges against Angela Postill (43), the owner of a care home be ‘laid on file’. The charges related to the deaths of concerning the deaths of Eunice Fifield (62) and Winifred Armstrong (95) in September 1999. The charges were dropped after she pleaded guilty to an offence of ‘wilful neglect’. She received a 15 month jail sentence, suspended for 2 years.

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Death of Khalil Ulla Khan in January 2000
In May 2001, Andrew Walker, a Director of Kenley Distribution and Warehousing Ltd was acquitted of the manslaughter of Khalil Ulla Khan (22) who died in January 2000 when he was trapped by a 32 tonne lorry, owned by the company, which was loaded with paper reels. Preston Crown Court heard that truck had been loaded with paper reels unsecured by straps. However, evidence was heard at the trial that this was common practice at that time in the industry. The lorry driver, Christopher Bolt was also acquitted of death by dangerous driving, though pleaded guilty to the offence of careless driving and received a £1,000 fine.

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Death of Craig Beesley and two others in June 1999
In December 2000, Adrian Bryan and David Bryan, two partners in a Merseyside based business, Spectrum Sound Systems, were acquitted of the manslaughter of their employee Craig Beesley (30) and two members of the public, James Farthing (38) and his mother-in-law Janet Brook (67). The three people died in June 1999 when Craig Beesley fell asleep whilst driving a van for Spectrum Sound Systems. The prosecution related to the length of time that the two men required Craig Beesley to drive.

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Death of Simon Jones in April 1998
In November 2001, Euromin Ltd, and James Martell, its managing Director, were acquitted of the manslaughter of Simon Jones (24) who died in April 1998 on his first day at work at Shoreham Docks when the jaws of a grab closed around his neck. The Old Bailey was told that the crane operator could not see inside the ship's hold and the person responsible for communication between the crane driver and the hold was a Polish seaman who couldn't speak English. The company was fined £50,000 for health and safety offences.

To see more about about this case:
Press Release, 20 March 2000
Press Release, 24 March 2000

Further information can be found on the Simon Jones Website

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Death of Gerard Byrne in June 1999
In July 2001, HJ Lea Oakes Ltd, Oakes Millers Ltd and Michael Jepson, a director of both companies, were acquitted of the manslaughter of Gerard Byrne (11) who died in June 1999 when he was run over by a lorry (owned by HJ Lea Oakes) when it reversed out of an animal feed mill (operated by Oakes Millers Ltd) in Congleton in Cheshire. The Court had heard that the company had no proper policies to prevent vehicles reversing out of the premises or to ensure that there was a banksman assisting drivers who did reverse. The company pleaded guilty to health and safety offences and fined £50,000. The driver of the lorry was fined £1,500, after pleading guilty to the offence of careless driving.

To see more about this case
Press Release, 12 July 2001
Press Release , 25 July 2001

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Death of William Grange in December 1999
In June 2001, Sarjit Singh Dulay, a director of M&M Yorkshire Stone Products Ltd, was acquitted of the manslaughter of 44 year old stone cutter, William Grange, who died in December 1998 when a large slab of stone trapped him when it came away from a bigger block he was cutting with a large circular saw. The trial came to an end at Bradford Crown Court after a prosecution witness, a former employee, gave unexpected evidence that there had been safety features on the equipment, including a safety chain which could be used to stop blocks failing. He revealed that the chain had been broken but he had not told Mr Dulay. The company was fined £6,000 for breaches of health and safety law.

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Deaths of 51 people in August 1989
In July 1992, South Coast Shipping Ltd, and four of its directors, were acquitted of manslaughter in connection with sinking of the pleasureboat, the Marchioness, which resulted in the deaths of 51 people in August 1989. The Marchioness sank in the River Thames when it was hit by the dredger, the Bowbelle, which was owned by the company. A Magistrate ruled that the case could not be committed to the Crown Court because the evidence suggested that the collision was probably caused by the Marchioness changing course at the last minute rather than any alleged safety failures on the part of the defendants. This was a private prosecution.

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Deaths of 96 people in April 1989
In July 2000, former Chief Superintendent of Police, David Duckenfield was acquitted of the manslaughter of two of those who died when 96 football fans were crushed to death in April 1989 at the Hillsborough Football Stadium after a jury failed to reach a verdict. His deputy, Bernard Murray, was acquitted by the jury. It had been alleged, in a private prosecution brought by some of the families of those who had died, that the two police officers were responsible for the deaths as they ordered the opening of an exit gate to relieve a crush of supporters at the turnstile without blocking off a tunnel leading to overcrowded terraces.

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