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HSE v. (1) Fluor Limited (2) Hertel UK Limited (3) Shaw Group Limited
24/06/2010
Criminal Regulatory & Environmental
Knutsford Crown Court 24th to 27th May, before HHJ Stephen ClarkeHarry Vann successfully represented Hertel UK Limited in an application to stay the proceedings against it on the basis that the HSE's delay in bringing the proceedings amounted to an abuse of process.
The prosecution arose out of an accident on 19th April 2005. The Defendants were engaged in the construction of a chlorine production facility. One of Hertel's employees suffered serious injury when a remote control crane operated by one of Shaw's employees struck the scissor lift in which he was working. The scissor lift was knocked over. Hertel was prosecuted under both sections 2 and 3 of the HSWA 1974. The informations were laid in March 2009, nearly four years after the index accident. In the intervening period, two of four key witnesses to the accident had died of natural causes. The judge found that Hertel was justified in focussing its defence on the accident, which was relied upon by the Prosecution to prove the risk. Its ability to do so was so prejudiced by virtue of the death of the key witnesses and the demonstrably failing memories of others that it could no longer have a fair trial in that regard. Accordingly, the prosecution was stayed.
A copy of the judgment is available from John Clements, Marketing Manager.
Instructing Solicitors: Keoghs, Coventry
