CORPORATE MANSLAUGHTER - 28.02.2011

Corporate manslaughter verdict reached

Decision reached. On February 16 2011, a jury at Winchester Crown Court found Cotswold Geotechnical Holdings (C) guilty of corporate manslaughter. As we have stated previously, C was prosecuted following the death of one of its employees (yr.9, iss.11, pg.1, seeThe next step).

How did the accident happen? The court heard that Alexander Wright died when a trench collapsed on him. He was taking soil samples in a pit, which was 3.8m deep and 60cm wide when it caved in. It was not supported by timbering, which the Crown alleged was a gross breach of health and safety laws.

What does this case prove? It demonstrates that prosecutions under the Corporate Manslaughter Act 2007 can succeed. This means that the regulatory bodies may well be more likely to use this legislation in the future.

Expensive lesson. It also shows that penalties for those who are convicted will be significant. Even though C is now a shell company, it was fined £385,000. It’s clear that if the company had been in a different position, the fine would have been much greater.

Tip. You should expect to see similar cases hitting the news in the coming months. This is because the authorities have been awaiting the outcome of this case before proceeding with other prosecutions.

For a previous article on corporate manslaughter, visit http://healthandsafety.indicator.co.uk (HS 09.12.08).

Cotswold Geotechnical Holdings has become the first company to be convicted under corporate manslaughter legislation. Now this case has reached its conclusion you should expect more to follow.

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