Reckless director punished by court
A COMPANY director was sentenced to 100 hours' unpaid work after an employee was crushed to death on a building site.
Norman Barry Ellis, of Quarry Road, Gomersal, had pleaded guilty to failing to ensure the safety of 25-year-old Andrew Bridges, of Leeds Road, Heckmondwike.
He was also ordered to pay 6,000 costs.
Mr Bridges was crushed by a 1.5 tonne concrete slab as he took part in the demolition of a roof at the former Hepworth and England electrical contractors' building on Bradford Road, Batley.
The building was being converted into a restaurant.
Mr Bridges and his father, Michael, had been working for Q Homes (Yorkshire) Ltd, of which Ellis was director, when the accident happened in July, 2005.
Mr Bridges, who was father of eight-year-old daughter Casey, died instantly.
District judge Jonathan Bennett told Ellis he had not deliberately caused harm but had been reckless as to whether harm would be caused.
Neil Cameron, for Ellis, said he had been traumatised by the incident, and that Andrew and Michael Bridges were his friends as well as colleagues. He said: "Mr Ellis himself participated in the demolition exercise and put himself as much at risk as Mr Bridges.
"This is clearly a case of failing to appreciate the risk rather than deliberately taking one."
He said Q Homes (Yorkshire) Ltd had now been dissolved, but that reports showed Ellis's remaining business followed correct health and safety procedures.
Ellis was of modest financial means, he said. Mr Cameron urged the judge to impose a fine instead of a community order.
He said: "It's not as if he is not in work. Most community orders have the objective of giving something to do or some direction to people who lack one or another of those things."
But the judge said a community order would be appropriate to the seriousness of the offence.
He said: "Nothing will compensate the family for this tragedy.
"I have to bear in mind the offences and the maximum powers available. I put the seriousness of the offence towards the high end of the scale and I take into account that this offence is non-imprisonable. The purposes of sentencing are punishment and giving something back to the community."
The judge warned Ellis he could be sent to prison if he breached the order, which required him to complete 100 hours of unpaid work within 12 months.
He gave Ellis credit for his early guilty plea and the fact he had no previous convictions.
Sarah J Hague, a Health and Safety Executive inspector, said: "The sentence passed by the court is one that can only be passed in the most serious of cases. The court took the view that the way in which work was carried out, resulting in Andrew Bridges's death, represented very serious failings on the part of Mr Ellis."
A further summons against Q Homes (Yorkshire) was withdrawn because the company was dissolved in July 2007.
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Sunday 27 May 2012
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