Charges Framed for the First Case of Corporate Manslaughter
25 June 2009Cotswold Geotechnical Holdings has achieved the dubious distinction of being the first organisation to have been charged under the Corporate Manslaughter and Corporate Homicide Act 2007, and has been referred to Bristol Crown Court.
The company was slapped with the case following the death of one of its employees and has since been referred for an administrative hearing, known as a Preliminary Hearing, which will set the timeframe for the conduct of the case.
Angela Phillip, Associate at Osborn Abas Hunt, has stated that while no plea is likely to be entered, the date on which the prosecution case and defence statement is to be served will be confirmed. The dates for Plea and Case Management hearing is also expected to be given out, which would probably be the same as the dates of the plea entering. This is expected to happen in August.
The case pertains to the death of geologist Alexander Wright, who died in September last year when while collecting soil samples, the trench where he was working caved in
Peter Eaton, one of the directors of the company was subsequently charged with gross negligence, manslaughter and for contravening Section 37 of the Health and Safety at Work etc. Act 1974. The section allows for charging of a senior officer of the company if it can be proved that the offence was committed with due to his direct involvement or negligence.
Charges have also been framed against the company for a breach of Section 2 of the aforementioned Act, which makes it obligatory for the employers to ensure as far as is reasonably possible, the health and safety of the workers. Make sure your organisation is aware of its health and safety obligations and has a clear understanding of its statutory duties with a well regarded NEBOSH level 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.
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