First trial under the new Corporate Manslaughter Act to take place in February 2010
August 27th 2009 It has been confirmed at Bristol Crown Court, that the trial of the first corporate manslaughter prosecution by the Crown Prosecution Service (CPS), under the new Corporate Manslaughter and Corporate Homicide Act 2007, will take place on 23 February 2010.
The company charged, Cotswold Geotechnical Holdings Ltd, is alleged to have caused the death of an employee, Alexander Wright, through its systemic failings and is charged with offences under the Corporate Manslaughter Act and section 2 of the Health and Safety at Work etc Act 1974 (HSWA). Mr Wright, who was employed as a junior geologist, was crushed to death in 2008 when the sides of an excavated pit collapsed while he was collecting soil samples. A company director, Peter Eaton, has also been charged with common law manslaughter and an offence under s.37 HSWA relating to his consent, connivance or neglect as a director to the commission of an offence by the company.
At Bristol Crown Court, junior defence counsel for Cotswold Geotechnical Holdings indicated that the defendants should not be arraigned until further information had been provided by the CPS. Counsel indicated that, ultimately, not guilty pleas will be entered and asked the court to list the matter for trial.
It is not yet known how the prosecution will specifically put their case against either Mr Eaton or the company, but the defendants requested that this be made clear. It is anticipated that they will be exploring whether the prosecution can prove "senior management" failings as being causative of Mr Wright's death.
"While it is hoped that this trial will clarify some points about the impact of the new Corporate Manslaughter Act and how various elements including the "senior management" test will be proven in practice, it is questionable whether this is the right case to test the new law, given the fact that the defendant is a small family business which, arguably, could have been successfully prosecuted under the old common law manslaughter rules." commented Andrew Stokes, head of the Safety, Health & Environmental Group at national commercial law firm Beachcroft LLP.
"For now, the fact of a prosecution under the Act highlights the need for companies to be aware of the importance of having in place robust and effective health and safety procedures to prevent such allegations following an incident and adequate insurance cover to cover the costs of any necessary defence," he concluded.
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