What are the facts?
PS & JE Ward Ltd became the fourth company to be charged with corporate manslaughter in November 2012. It also faced allegations of failing to ensure the safety of an employee.
The company ran a West Norfolk nursery where a worker was killed almost four years ago. Grzegorz Pieton, 27, had been driving a tractor when its metal hydraulic-lift trailer came into contact with overhead cables at Belmont Nursery in Terrington St Clement on 15 July 2011.
How was the offence alleged to be committed?
The Trial commenced on the 24 March 2014 at Norwich Crown Court. The jury heard the Prosecution allege there had been a succession of health and safety issues which amounted to corporate manslaughter. In summary the Prosecution case was:
- Mr Pieton had received no training to drive the tractor
- The company employed a large number of workers from Poland, Lithuania and Latvia, however health and safety literature was not translated. Other workers were relied upon to act as translators
- Warning signs that said "danger of death" had been obscured by trees
- Pipes had been laid below the power lines, but the company had not taken up a free health and safety advice visit
It was further alleged that employees felt there was a culture of productivity over health and safety.
The jury cleared the company of corporate manslaughter. This is the first acquittal under the new corporate manslaughter offence.
An increased focus on directors
Notably, this is also the first corporate manslaughter case brought in which the directors of the company have not faced ancillary charges in a personal capacity for gross negligence manslaughter or health and safety offences.
We will have to wait and see whether the failed prosecution results in regulators reverting to their previous approach of charging directors alongside the company. In the previous corporate manslaughter prosecutions, the potential penalties for individual directors have been concerning enough to cause the charged companies to plead guilty in order that the charges against the individuals are not pursued. Click here to read our previous article headed "Corporate Manslaughter – Are Directors The Bait?"
Next update
PS and JE Ward Limited was found guilty of breaching the general duty of failing to ensure the safety of an employee and will be sentenced on 6 June. We will keep you updated regarding the outcome of this hearing.
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