First prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007 reaches conclusion
COTSWOLD Geotechnical Holdings have become the first company to be found guilty and convicted of the new offence of corporate manslaughter, which came into force in April 2008.
The company was fined £385,000 for failing to ensure the safety of 27-year-old geologist Alex Wright, who died on 5 September 2008.
Mr Wright had been investigating soil conditions in a 3.8m deep unsupported trial pit on a development plot in Stroud when it collapsed and killed him.
The court heard how Mr Wright was left working alone in the pit to ‘finish-up’ when his company director left for the day. About 15min later the two people who owned the development plot heard a muffled noise and a shout for help.
While one of the plot owners called the emergency services, the other ran to the trench where he saw that a surge of soil had fallen in and buried Mr Wright up to his head. He climbed into the trench and removed some of the soil to allow Mr Wright to breathe.
At that point, more earth fell into the pit covering Mr Wright completely and, despite the plot owners best efforts, Mr Wright died of traumatic asphyxiation.
The prosecution’s case was that Mr Wright was working in a dangerous trench because Cotswold Geotechnical Holdings’ systems had failed to take all reasonably practicable steps to protect him from working in that way.
In convicting the company, the jury found that the company’s system of work in digging trial pits was wholly and unnecessarily dangerous. The company had ignored well-recognized industry guidance that prohibited entry into excavations more than 1.2m deep, and had required its junior employees to enter and work in unsupported trial pits, typically from 2–3.5m deep.
The judge at Winchester Crown Court said the £385,000 fine marked the gravity of the offence and the deterrent effect it would have on companies to adhere to health and safety guidance.
There was no one in the dock during the three-week trial as it was the company, rather than an individual, facing the charge of corporate manslaughter.
Company director Peter Eaton had previously been charged with gross negligence manslaughter and a health and safety offence, but a judge ruled last year that he was too unwell to stand trial.
COTSWOLD Geotechnical Holdings have become the first company to be found guilty and convicted of the new offence of corporate manslaughter, which came into force in April 2008.
The company was fined £385,000 for failing to ensure the safety of 27-year-old geologist Alex Wright, who died on 5 September 2008.
Mr Wright had been investigating soil conditions in a 3.8m deep unsupported trial pit on a development plot in Stroud when it collapsed and killed him.
The court heard how Mr Wright was left working alone in the pit to ‘finish-up’ when his company director left for the day. About 15min later the two people who owned the development plot heard a muffled noise and a shout for help.
While one of the plot owners called the emergency services, the other ran to the trench where he saw that a surge of soil had fallen in and buried Mr Wright up to his head. He climbed into the trench and removed some of the soil to allow Mr Wright to breathe.
At that point, more earth fell into the pit covering Mr Wright completely and, despite the plot owners best efforts, Mr Wright died of traumatic asphyxiation.
The prosecution’s case was that Mr Wright was working in a dangerous trench because Cotswold Geotechnical Holdings’ systems had failed to take all reasonably practicable steps to protect him from working in that way.
In convicting the company, the jury found that the company’s system of work in digging trial pits was wholly and unnecessarily dangerous. The company had ignored well-recognized industry guidance that prohibited entry into excavations more than 1.2m deep, and had required its junior employees to enter and work in unsupported trial pits, typically from 2–3.5m deep.
The judge at Winchester Crown Court said the £385,000 fine marked the gravity of the offence and the deterrent effect it would have on companies to adhere to health and safety guidance.
There was no one in the dock during the three-week trial as it was the company, rather than an individual, facing the charge of corporate manslaughter.
Company director Peter Eaton had previously been charged with gross negligence manslaughter and a health and safety offence, but a judge ruled last year that he was too unwell to stand trial.
