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13/06/2017
Building Director Prosecuted After Worker Dies In Trench Collapse
A building director has been prosecuted after a worker was killed when a trench collapsed around him in Northamptonshire.
Andrew Winterton, 52, of High Street, Collyweston was found guilty of gross negligence manslaughter following a nine-week trial at Northampton Crown Court.
In addition, Dean Wortley, 48, of Market Deeping in Lincolnshire and who traded as Clearview Demolition, was found guilty of a failure as a self-employed person to discharge his duty to ensure the health and safety of persons not in his employment, contrary to section 33(1a) of the Health and Safety at Work Act 1974. He was also found guilty of failing to take all practicable steps to prevent danger, contrary to Regulation 31 of the Construction (Design and Management) Regulations 2007.
The two men will be sentenced on 30 June.
The court heard how 33-year-old father-of-five Shane Wilkinson was employed as a grounds worker at the Conquest Homes building site in Collyweston on 04 September 2014.
Mr Wilkinson had been standing next to a deep trench that had been incorrectly excavated by the trench digger-driver, Mr Wortley. The other defendant Mr Winterton was acting as site manager as well as being a director of Conquest Homes.
When an unsecured trench wall collapsed, Mr Wilkinson was completely buried underneath the rubble.
Despite the best efforts of fellow workers at the Conquest Homes site, Mr Wilkinson was pronounced dead at the scene after his body was recovered.
A joint investigation by Northamptonshire Police and the Health and Safety Executive found that the sides of the trench had not been properly or adequately secured and that Wortley and Winterton had ignored basic safety measures.
Speaking after the verdict, the senior investigating officer, Detective Superintendent Steve Woliter of Northamptonshire Police, said: "This was a tragic loss of a young life that could so easily have been avoided. Winterton and Wortley were both experienced in ground works and failed to show even the most basic safety measures to prevent harm to workers - such as Shane Wilkinson - on the Conquest Homes site.
"Shane leaves behind five young children who are now being cared for by his parents. They were in court throughout the trial and have shown true dignity and strength despite listening to harrowing evidence.
"This has been a very lengthy and complex investigation and I would like to thank the jurors for their dedication and attention to detail during this long trial.
"This is the first case of corporate manslaughter to have been successfully tried in Northamptonshire so my extended thanks go to the tenacity of the overall prosecution team over the last few years."
Image: Shane Wilkinson
(LM/MH)
Andrew Winterton, 52, of High Street, Collyweston was found guilty of gross negligence manslaughter following a nine-week trial at Northampton Crown Court.
In addition, Dean Wortley, 48, of Market Deeping in Lincolnshire and who traded as Clearview Demolition, was found guilty of a failure as a self-employed person to discharge his duty to ensure the health and safety of persons not in his employment, contrary to section 33(1a) of the Health and Safety at Work Act 1974. He was also found guilty of failing to take all practicable steps to prevent danger, contrary to Regulation 31 of the Construction (Design and Management) Regulations 2007.
The two men will be sentenced on 30 June.
The court heard how 33-year-old father-of-five Shane Wilkinson was employed as a grounds worker at the Conquest Homes building site in Collyweston on 04 September 2014.
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Mr Wilkinson had been standing next to a deep trench that had been incorrectly excavated by the trench digger-driver, Mr Wortley. The other defendant Mr Winterton was acting as site manager as well as being a director of Conquest Homes.
When an unsecured trench wall collapsed, Mr Wilkinson was completely buried underneath the rubble.
Despite the best efforts of fellow workers at the Conquest Homes site, Mr Wilkinson was pronounced dead at the scene after his body was recovered.
A joint investigation by Northamptonshire Police and the Health and Safety Executive found that the sides of the trench had not been properly or adequately secured and that Wortley and Winterton had ignored basic safety measures.
Speaking after the verdict, the senior investigating officer, Detective Superintendent Steve Woliter of Northamptonshire Police, said: "This was a tragic loss of a young life that could so easily have been avoided. Winterton and Wortley were both experienced in ground works and failed to show even the most basic safety measures to prevent harm to workers - such as Shane Wilkinson - on the Conquest Homes site.
"Shane leaves behind five young children who are now being cared for by his parents. They were in court throughout the trial and have shown true dignity and strength despite listening to harrowing evidence.
"This has been a very lengthy and complex investigation and I would like to thank the jurors for their dedication and attention to detail during this long trial.
"This is the first case of corporate manslaughter to have been successfully tried in Northamptonshire so my extended thanks go to the tenacity of the overall prosecution team over the last few years."
Image: Shane Wilkinson
(LM/MH)
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