The case:
Surprisingly, this is the first time a company has been prosecuted under the Act. The case was remitted by Stroud magistrates to Bristol Crown Court in June 2009. Originally, the trial was set to begin on 19th of August 2009, but was afterwards adjourned until 23rd of February 2010. It was then again adjourned until 26th of February, and then because the director of the company, Peter Eaton needed intensive and urgent medical treatment the trial again adjourned in October.
Mr. Justice Field said to the jury: “What was happened in this case is that I have acceded to the application of the defence to adjourn this trial for a longish period because th defendant Mr. Eaton requires urgent and intensive medical treatment. It would be unfair to require him to participate in this trial at the same time as undergoing this treatment. He added that the decision was accepted by all parties. Eaton could be jailed for life if convicted.” Finally, the case has now been adjourned again until 24th of January 2011.
Unfortunately, charges of gross negligence manslaughter and an additional charge under s.37 of the Health and Safety at Work Act[2] have been eternally stayed due to Mr Eaton’s continuing ill health. As a result the long-awaited first case of corporate manslaughter under the 2007 regulations will not go ahead. The company’s solicitors are seeking to have the cases dropped in its whole.
Further reading:
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