Proceedings for Corporate Manslaughter Case to Be Scheduled Soon
25/06/2009 4:55
on: Info Planet, Money Making, Online Health
Bristol Crown Court is set to make history as it will hear the first case regarding corporate manslaughter. The case has been brought under the Corporate Manslaughter and Corporate Homicide Act, 2007.
The accused, Cotswold Geotechnical Holdings, is alleged to have caused the death of its employee, geologist, Alexander Wright, amounting to manslaughter. Mr. Wright died in the course of his employment while taking samples of soil in a trench, which collapsed, thus burying him alive.
In addition to the Corporate Manslaughter Act, the company has been charged with the violation of the Health and Safety at Work etc. Act,1974 as well since it was unsuccessful in ensuring the safety and well being of its employees.
Further, the prosecution has charged Peter Eaton, a director of the company, under Section 37 of the Health and Safety at Work etc. Act 1974. The Section states that if a senior officer colludes or consents to the crime or his negligence is the reason of the crime, he will also be held legally responsible in addition to the company.
Make sure you, and your board of directors, understand the importance of recently introduced corporate manslaughter legislation and your organisation is well equipped to deal with a serious accident or fatality at work. Workplace Law offers a one-day Corporate Health and Safety Briefing; the course covers the syllabus of IOSH Directing Safely which has been specially designed to help directors and senior managers comply with health and safety legislation and to ensure that they discharge their duty of care towards employees, contractors and members of the public.
The case has been put up for Preliminary Hearing, which will fix the dates for future action including issuing of statements by both prosecution and defence. This is an administrative hearing which will take place before the actual judicial hearing starts.
An associate at Osborn Abas Hunt stated that it is highly unlikely that any plea will be entered at the moment, though it may happen when the Plea and Case Management hearing takes place in August later in the year.
