A judge in South Wales has acknowledged the level of a fine may appear “superficially insulting” after an electrician cut into a live electrical cable and was electrocuted.
Jamie Paul, 26, was doing asbestos removal work at Cwncarn High School in July 2013. He accessed a ceiling void to create an enclosure to contain the asbestos during its removal.
While he was cutting plastic sheeting he cut into a live electric cable and was electrocuted.
A Health and Safety Executive (HSE) investigation found that Caswell Environmental Services Ltd had not taken adequate steps to ensure that the electrical supply at the school was isolated before the work was undertaken.
Following an investigation by the Health and Safety Executive (HSE), it found that Caswell Environmental Services Ltd had not taken adequate steps to ensure that the electrical supply at the school was isolated before the work was undertaken.
Following Jamie’s death, the company went into liquidation and was found guilty in their absence of breaching sections 2(1) and 3(1) of the Health and Safety at Work etc. Act 1974.
District Judge Martin Brown said the level of fines “must clearly reflect that the company no longer exists and has no profit from which the court can extract punishment”.
Caswell Environmental Services Ltd received a nominal fine of £10,000 after the company went into liquidation.
Judge Brown stressed that the sentencing guidelines around an offence of this kind involving a firm still in operation would have recommended a fine of between £170,000 and £1 million.
“The entire purpose of sentencing, namely to reflect culpability and responsibility in a health and safety case, has little or no impact when the company itself no longer operates,” said District Judge Brown.
“Had I been dealing with a company continuing to operate with the sort of profit margins exhibited in (Caswell Environmental Services’) previous accounts, this court would have been looking at a fine certainly in excess of £200,000.
“But no purpose can be achieved by imposing such a fine – indeed the approach to sentencing is now academic.”
He recognised that the fines may never be recovered, but hoped he had made it “abundantly plain that my comments should send at least a signal to those affected catastrophically by the death of Mr Paul that the fine represents what the court can and must do here.”
The case, heard at Newport magistrates’ court, was not contested as liquidators for Caswell Environmental Services believed it was not in their interest, acting on creditors’ behalf, to incur more costs.
Prosecutor Michael Veal instead sought to prove the HSE’s case on both charges, District Judge Brown subsequently declaring he was satisfied the standard and burden of proof had been met.
District Judge Brown called it “an extremely tragic case.”
“The death of Mr Paul has been cataclysmic and his family has suffered enormously,” he said.
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Caswell now operating under a different name? If Board directors can be traced and more than 2 are in the same company then law should change to reflect the culpability.
Hi james how can I find out f caswell as started up again in different name. It is my son that they murdered and got away with a fine they havent even had to sell their houses. The judge said they didnt have any money left to pay fine but they would of made sure they had money stashed away. It was my sons last day working for caswel as they were not allowed breaks and it was when we had that boiling hot weather. He was going to finished at 1pm but he stayed a bit later and paid… Read more »
I think that the company going into administration while clearly being capable of being served a fine of in the area of £200k prior to this incident stinks.
The directors of this firm should be made to pay the penalty for this young mans death, I have no doubt that they were able to dissolve the company and come out of it with some resource, even if they have not become active within another similar or alternative company
At least the judge came to the same conclusion I did that the fine was nowhere near enough for the failures of the company and people running it. The time taken to bring these cases to court is too long. what might be an idea is to have an industrial and Labour court put in place separate from the normal courts. Focusing solely on the surrounding issues at hand and a preset scale of damages published showing both the claimant and the plaintiff what they can expect if the case is proven. An other issue which is common is the… Read more »
A simple check of companies house may reveal more about the Directors of the firm in question. As James suggests, that could be the case. Would that mean the same ‘style of operation’ carries over to firms these Directors are involved in…! Should it be that a firm’s assets are frozen when a case of this nature is pending…! would this fall into the realms of what is being proposed for those – ‘in office’ – that can’t simply resign to opt out of any rights of courts questions/fines as given in some injustices cases of late, miss-justice on part… Read more »
Hi pete have u got any infomation on caswell or the people that owns it. I need to face them and show them what they hhve done to my family and to his little boy who crys for him every day. I bet they are clapping their hands hen they was fined £10, 00. What sort of punishment is that cause it isnt the first time they hve had trouble. What sort of udge they had on the day I dont know unless he had something out of it giving them such crap fine. I do not thing he was… Read more »
Anyone can search for company information using the companies house search https://beta.companieshouse.gov.uk/
Had a quick look and there are a few similar named companies. If you know any of the directors, you can do a bit of investigation and see who is linked to which company.
[…] Judge acknowledges ‘insulting’ fine after electrician’s death […]
sharon,yes caswell is under a different name its called omega its also at the same address and phone number,the site manager/supervisor are there aswell