Charges against Director dropped in First Corporate Manslaughter Charge

The long-awaited trial of Cotswold Geotechnical Holdings Ltd under the Corporate Manslaughter and Corporate Homicide Act 2007 has been adjourned again until 24 January 2011.

But the company's managing director, Peter Eaton, will not now face trial accused of gross negligence manslaughter and an offence under s37 of the HSWA, after his solicitors, Pinsent Masons LLP, successfully argued for both charges to be dropped. In open court on 6 October, the judge ruled that, owing to the ill health of Mr Eaton, the two charges against him should be permanently stayed.

The trial of the company, on the charge of corporate manslaughter and for allegedly breaching s2 of the HSWA, will proceed on the new date, with the judge indicating that it may now be heard in Winchester Crown Court rather than in Bristol. The judge also indicated that he would not tolerate any further delays in the case.

However, Pinsent Masons is calling for the corporate manslaughter case to be dropped as well. Kevin Bridges, a partner at the firm, said: "There will be a further hearing before Mr Justice Field where this will be argued in December. The issue is whether he [Mr Eaton] is fit even to give evidence and instructions to his defence team and, if he can't, whether the company can be tried at all."

The Crown Prosecution Service originally laid the charges against both Mr Eaton and the company in April last year, following the death of employee Alex Wright in September 2008.

The trial was due to start on 23 February this year but following submissions heard in private on 26 February, the judge directed that the trial be adjourned and be listed to resume at the start of this month.

Source: Safety & Health Practitioner (SHP)

Posted Date: 19th Oct 2010