Firms in court

From the archive, first published Monday 6th Feb 2006.

A COMPANY has been fined after admitting it failed to provide the proper health and safety documentation at a building site where a worker fell to his death.

John Edge, representing company Knight Frank, in Hanover Square, London, admitted two charges of breaking health and safety regulations at Warrington Magistrates' Court on Tuesday morning.

The company was one of seven individuals or companies which the Health and Safety Executive (HSE) brought charges against following the death of David Moran in 2002 when he fell through the roof of an industrial unit at Chesford Grange in Woolston.

The HSE prosecutor, Simon Parrington, told the court that the company had been instructed to carry out a pre-tender health and safety plan but Knight Frank delivered the plan late and it was later said to be 'inadequate' as it failed to mention some of the potential hazards at the site.

Mr Parrington told the court that while no links had been established between the health and safety breach by Knight Frank and the death of David Moran, 'the ball was started rolling' by the company.

Stephen Killalea, appearing on behalf on the company, told the court: "They are a well known, highly respected firm, the convictions themselves are a punishment on the firm's good character until today."

Chairman of the bench, David Prince, ordered the company to pay a fine of £3,500 for each offence as well as a contribution of £4,580 towards prosecution costs.

l In a joint hearing, the following firms also appeared in court in connection with the incident:

Elmsgold Haulage Ltd, of Manchester entered no plea to two counts of breaching duty to an employee and one count of contravening health and safety regulations.

Glyn Hines, of Sunbank Lane, Altrincham, entered no plea to a charge of breaching general duty at work of an employee.

Excavation and Contracting (UK) Ltd entered an indication of a guilty plea to a charge of a breach of general duty to a person other than an employee.

John McSweeney, of Willow Road, Prestwich, entered no plea to three charges: two counts of breaching general duty to an employee and one of contravening health and safety regulations.

Dennis Joseph O'Connor, of Moss Road, Billinge, entered no plea to a charge of breach of general duty at work by an employee.

In the cases of Elmsgold, Glyn Hines and Dennis O'Connor, the magistrates declined jurisdiction and ordered the cases to be sent to crown court on March 14.

In the case of Excavation and Contracting UK Ltd, the court also declined jurisdiction and a plea-and-directions hearing was set for March 3.

Another man charged following the fatal accident is Bernard O'Sullivan who now lives in New South Wales, Australia. He was due to appear in court this week alongside the other defendants but after his solicitors asked for more time to take directions the case was adjourned until February 28.

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