A property developer and a foreman have been jailed for manslaughter following the death of a carpenter on a site in Brighton.Company director Michael Holland, 69 and foreman Grant Oakes, 46, had denied a charge each of gross negligence manslaughter in connection with the death of 55-year-old carpenter David Clark.
Clark died on 28 October 2014, after falling through a gap in the first floor of a building he was working on at Stanmer Park stables a month before. A jury found Holland and Oakes guilty following a three-week trial at Lewes Crown Court.
The pair were sentenced to nine months in prison each. Holland was also ordered to pay £35,000 in costs and Oakes £10,000.
Lewes Crown Court heard during the trial that Clark, who worked as a subcontractor for Holland’s company, was airlifted to St George’s Hospital, Tooting, in a critical condition after falling 14ft to the ground.
A month later he died at the Royal Sussex County Hospital, Brighton.
At the start of the three-week long trial, Holland, owner and sole director of Hove-based Cherrywood Investments Ltd, pleaded guilty to an offence under the Health and Safety at Work etc Act.
In doing so he accepted that neglect on his part meant that persons on the site were exposed to risks to their health and safely when working at height.
The company, Cherrywood Investments Ltd, also admitted a similar offence.
Oakes was also accused of failing to take suitable measures to prevent, as far as possible, any person working on the site, falling a distance liable to cause them personal injury. He had denied the offence but was found guilty.
Detective Inspector Mick Jones said: “Dave Clark went to work that fateful morning in 2014 and his partner Beverley had every right to expect him to return.
“However the unsafe conditions on that building site on which numerous men were working, particularly those working at height, meant that it wasn’t to be.
“I hope that these convictions send a strong message to those within the construction industry that the safety of those working on sites should be of paramount importance.
“Where this is not the case, the Health and Safety Executive and police will tenaciously pursue them and bring them to justice.
“People often blame health and safety for stopping people doing everyday things but the whole reason is to prevent serious injury and death like the tragic death of Dave Clark.
“I hope this sends message that are real consequences of a blatant disregard for the well-being of their workers.”
The Safety Conversation with SHP (previously the Safety and Health Podcast) aims to bring you the latest news, insights and legislation updates in the form of interviews, discussions and panel debates from leading figures within the profession.
Find us on Apple Podcasts, Spotify and Google Podcasts, subscribe and join the conversation today!
