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First Corporate Manslaughter trial date is set
- 27 August 2009
- The case against Cotswold Geotechnical Holdings follows the death of one of its employees, Alexander Wright, a geologist, who was killed in September 2008, when a trench where he had been taking soil samples collapsed.
Peter Eaton, a director of the company, has been charged with gross negligence, manslaughter and for a breach of Section 37 of the Health and Safety at Work etc. Act 1974 (‘HSWA’). S.37 of HSWA provides for the prosecution of a senior office holder of the company if it can be shown that the offence against the company was committed with the consent or connivance of, or following any negligent act of, such a person.
The company has also been charged with a breach of Section 2 of HSWA, which requires employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of employees. Cotswold’s counsel indicated that it intends to plead not guilty to the charges.
However, says Deborah Britstone, Solicitor. Osborn Abas Hunt: “Many think that the trial in February 2010 will be the first test of the new legislation. I am not sure that this will be the case.
“For example, it is unlikely given the size of Cotswold Geotechnical Holdings that there will be any test of the definition of “senior manager”.
“Indeed, this case is also unlikely to demonstrate whether it will be easier to prosecute larger organisations and may in fact, be somewhat of a disappointment to those expecting guidance on how this legislation will be interpreted.
“Section 8 of the Act provides details of the factors that the jury may consider when reaching their verdict including HSE guidance. Albeit, we will never know the reasons behind any decision the jury may make, it will be interesting to see how the Prosecution use this section during the forthcoming trial.”