25th June 2009
First Corporate Manslaughter Case to Begin in the UK
Engineering firm Cotswold Geotechnical Holdings will face charges for gross negligence towards the safety of an employee in the first ever case under the Corporate Manslaughter and Corporate Homicide Act 2007. The case has been committed to Bristol Crown Court for a Preliminary Hearing that will specify the schedule for the case.
Angela Phillip, Associate at Osborn Abas Hunt, says that the tentative dates of the notices to be served by the court will be decided by the judge. This includes date of the prosecution case, the defence statement, and the Plea and Case Management hearing in which appeals will be entertained. The dates are likely to fall in the month of August.
In September 2008, a young geologist named Alexander Wright was buried alive under a trench that collapsed while he had been taking soil samples. Peter Eaton, a director of the company, was found guilty of serious negligence manslaughter and for a violation of Section 37 of the Health and Safety at Work etc. Act 1974 (‘HSWA’). This section allows the prosecution to convict a senior official of the business if it can be proved that the offence was committed with his consent or involvement, or was attributable to his neglect.
The firm has also been accused of gross breach of duty of care towards the unfortunate employee under Section 2 of HSWA, according to which the health, safety and welfare of on-the-job employees are to be ensured by employers. Make sure your organisation is aware of its health and safety obligations and has a clear understanding of its statutory duties with a NEBOSH National General Certificate course; designed to help those with health and safety responsibilities to carry out their duties at work more effectively and to protect the organisations for which they work – click on NEBOSH Diploma courses for details.
