June 14, 2017

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Property developer convicted of worker’s fall death

A Brighton property developer and his site foreman have been found guilty of gross negligence manslaughter after a carpenter fell to his death on a building site.

David Clark, 55, fell when the plank he was standing on snapped while at a property in Brighton in September 2014. He died in hospital a month later.

Michael Holland, owner of renovation company Cherrywood Investments Ltd, and Grant Oakes were both convicted at Lewes Crown Court. They are due to be sentenced on 21 July at the same court.

Mr Clark fell 4.5 metres when the plank snapped. He was carrying a load of between 20 and 30kg at the time.

The court heard there had been a “total failure” by Holland, 69, and Oakes, 46, to ensure the safety of their workers.

Prosecutor Thomas Kark QC said there was a “lack of consideration for safety” on the part of the defendants to their employees, despite previous warnings.

The court heard a site visit from a health and safety inspector in 2013 raised issues with the way work was being carried out on buildings next to Stanmer House in Stanmer Park.

Holland, of Kings Road, Brighton, and Oakes, of Elm Drive, Hove, were also both convicted of failures of health and safety in the work place.

Cherrywood Investments Ltd was found guilty of failure to discharge a duty under the Health and Safety at Work 1974 Act.

Gail Purdy, from the Crown Prosecution Service, said: “Both men visited the site regularly and would have seen the conditions, which included work being carried out with voids that someone could fall through, but they did nothing to prevent this happening.

“Mr Holland completely failed to grasp his personal responsibilities and even went as far as to blame the victim for his own death, despite having previously been advised by the Health and Safety Executive of the measures that needed to be taken on site.”

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r travers
r travers
6 years ago

lets hope the punishment fits the crime for both men and the company does not suddenly fold up. David Clarks death was as a result of greedy property developers with no respect for human jail sentences and a hefty fine for Mr Clarks family