The People Bulletin

On 5 September 2008, Alexander Wright was taking soil samples for his employers, Cotswold Geotechnical Holdings Ltd, as part of his role as a junior geologist for the geological survey company when a pit excavated as part of a site survey collapsed on him. He was crushed to death. The company’s director, Peter Eaton and his company have been jointly charged under the Corporate Manslaughter and Homicide Act 2007 and they also face numerous additional charges for a breach of health and safety legislation.

The landmark charge is the first under the new Act. It is brought against Eaton’s company as well as Eaton himself, because (in the words of the CPS) ‘of the way in which the organisation’s activities were managed or organised, caused the death of a person, namely Alexander James Wright by gross negligence, which amounted to a gross breach of a relevant duty of care owed to the deceased.’

Under the Corporate Manslaughter Act 2007, an organisation is guilty of an offence if the way in which its activities are managed or organised (by its senior management) causes a person’s death. It was brought to make it easier for the authorities to successfully prosecute organisations where management is to blame for the death of employees. Eaton could be jailed for life if convicted of gross negligence and manslaughter, while his firm could be subject to an unlimited fine.

Judge Thomas Crowther QC granted Eaton unconditional bail yesterday until the next hearing before Bristol Crown Court on 19 August, when a plea will be entered.

See also the article ‘Another Statistic’ published in the People Bulletin on 22 April 2009.