Individuals, not companies are facing charges for Manslaughter in new cases being brought forward by the Crown Prosecution Service.
The latest sees George Collier, a director at Welsh firm Parcol Development Ltd appearing in court today charged with gross negligence manslaughter after a wall built by the firm collapsed onto a public footpath on 26th July 2008, killing three-year-old Megan Burgess.
The case is important in that Collier is being charged in an individual capacity, rather than the firm being charged for the corporate offence.
The prosecution case arose after evidence from the incident was submitted by North Wales Police and the Health and Safety Executive, leading the Crown Prosecution Service to bring charges.
Reviewing the case in August this year the CPS lawyer Rosemary Ainslie stated that while there was sufficient evidence to prosecute the company for this offence, it would not be in the public interest to do so. Ainslie said ‘The company had only two directors and Mr Collier was the only one directly involved in the incident. The charge against him is sufficiently serious to address the alleged offending.’
Paul Verrico, Associate and Solicitor-Advocate at law firm Eversheds thinks that this view is contrary to a previous corporate manslaughter ruling in February this year when firm Cotswold Geotechnical Holdings Ltd was convicted. The decision to prosecute the individual ‘reflects the consternation felt in some quarters that the new corporate offence was being used to target small businesses,’ said Verrico.
If convicted of manslaughter, Collier could face a prison sentence. Verrico suggested the case was a wake-up call to directors, in that they may not be able to shield themselves from prosecution behind their companies, and that this knowledge should guide better work practices.
‘The case serves as a reminder to company directors that in the event of a serious accident all decisions taken pre-incident may be scrutinised and blame can be apportioned in certain circumstances,’ he said.
In a corporate manslaughter case to be brought to court in 2012 against firm Lion Steel Ltd, in which an employee died after falling through a fragile roof, three of its company directors are also charged with manslaughter in their own right.
Calum Grant. press officer at the Crown Prosecution Service clarified that Collier as yet not entered a plea.
His Plea and Case Management Hearing (PCNH) has now been adjourned until December 7th.
Unbelievable. Why do the technicalities of our legal system mean someone indirectly involved is prosecuted and not the perpetrator? Fair enough, responsibility goes to the top but I’m sure no self respecting director in any right mind would allow or intend their workers to build shoddy walls which would fall and kill toddlers. Isn’t the fundamental agreement that the worker is contracted on is that they provide a good and safe standard of work? As a parent, I would not want the directors or anyone else in the dock, and why should I? I would want the real culprit, the worker who thought they could get away with shoddy work, not thinking twice of the possible fatal consequences which sadly took place.
There is no doubting that this is a very sad and tragic event, Darren has a good point that the operative should take part of the responsibility. However, there is no mention as to whether or not this director is hands on or sits in an office. Im sure like every case it is not that black and white. What caused the collapse? Was is due to the design, materials used, or the construction. Once that is ascertained then it should be easier to point the finger at the designer, supplier, director, the operative or the client. H&S does start at the top, thats the client, the designer, the director, but operaatives have this misperception that they will not be blamed.
SMALL OR BIG H AND S STARTS AT THE TOP AND NOT BOTTOM GOOD ,WELL THOUGHT OUT DESIGN SHOULD BE THE NORM AND NOT COMPANY AND SHAREHOLDERS PROFITS