Individuals, not companies are facing charges for Manslaughter in new cases being brought forward by the Crown Prosecution Service.
The latest sees George Collier, a director at Welsh firm Parcol Development Ltd appearing in court today charged with gross negligence manslaughter after a wall built by the firm collapsed onto a public footpath on 26th July 2008, killing three-year-old Megan Burgess.
The case is important in that Collier is being charged in an individual capacity, rather than the firm being charged for the corporate offence.
The prosecution case arose after evidence from the incident was submitted by North Wales Police and the Health and Safety Executive, leading the Crown Prosecution Service to bring charges.
Reviewing the case in August this year the CPS lawyer Rosemary Ainslie stated that while there was sufficient evidence to prosecute the company for this offence, it would not be in the public interest to do so. Ainslie said ‘The company had only two directors and Mr Collier was the only one directly involved in the incident. The charge against him is sufficiently serious to address the alleged offending.’
Paul Verrico, Associate and Solicitor-Advocate at law firm Eversheds thinks that this view is contrary to a previous corporate manslaughter ruling in February this year when firm Cotswold Geotechnical Holdings Ltd was convicted. The decision to prosecute the individual ‘reflects the consternation felt in some quarters that the new corporate offence was being used to target small businesses,’ said Verrico.
If convicted of manslaughter, Collier could face a prison sentence. Verrico suggested the case was a wake-up call to directors, in that they may not be able to shield themselves from prosecution behind their companies, and that this knowledge should guide better work practices.
‘The case serves as a reminder to company directors that in the event of a serious accident all decisions taken pre-incident may be scrutinised and blame can be apportioned in certain circumstances,’ he said.
In a corporate manslaughter case to be brought to court in 2012 against firm Lion Steel Ltd, in which an employee died after falling through a fragile roof, three of its company directors are also charged with manslaughter in their own right.
Calum Grant. press officer at the Crown Prosecution Service clarified that Collier as yet not entered a plea.
His Plea and Case Management Hearing (PCNH) has now been adjourned until December 7th.
