In the second case of its kind, Lion Steel Ltd has been charged with corporate manslaughter following the death of an employee. Corporate manslaughter has been a criminal offence under the Corporate Manslaughter and Corporate Homicide Act 2007 since the Act came into force on 6 April 2008 and we have previously reported on the first prosecution against Cotswold Geotechnical Holdings limited (as reported in the Match 2011 edition of Building Blocks).
Steven Barry, an employee of Lion Steel Ltd died in May 2008 when he fell through a fragile plastic roof panel on an industrial estate on Johnsonbrook Road, Hyde Greater Manchester.
Lion Steel has been charged with corporate manslaughter under the Corporate Manslaughter and Corporate Homicide Act 2007. In addition, three of the company directors (Kevin Palliser, Richard Williams and Graham Coupe) have been charged with gross negligence manslaughter and charged under section 37 of the Health and Safety at Work Act 1974 (HSWA 1974) for failing to ensure the safety at work of their employees. Lion Steel is also charged under section 2 and 33 of the HSWA 1974 for failing to ensure the safety at work of its employees.
Alison Storey, reviewing lawyer in the CPS Special Crime and Counter Terrorism Division, said:
"I have taken this decision after very carefully reviewing the material gathered in the police investigation and have concluded that there is sufficient evidence for a realistic prospect of conviction and that it is in the public interest to bring these charges."
The prosecutor will have to establish that the organisation has grossly breached its duty of care to the victim taking into account the way the "senior management" manages or organises the company operations. In this case the Court will have to consider the meaning of the term "senior management" where there are a trio of directors who are under the spot light. By contrast, Cotswold Geotechnical has only one director. The case against Lion Steel Equipment will also be important as it will be the first case against a medium sized company, which is said to have been in operation for over 50 years with over 100 employees.
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