Directors found not guilty of corporate manslaughter

The directors of a scrap metal merchants have been found not guilty of the common law offence of corporate manslaughter following the investigation into an explosion that killed a worker.

Emergency services were called to the Reliance Scrap Metal Merchants (Parkstone) Ltd premises in Nuffield Road, Poole, on 9 May 2005 following an explosion and fire that occurred while gas cylinders were being cut up manually with an industrial cutter.

One of the cylinders, an acetylene cylinder, exploded and caused the fire. The fire and explosion claimed the life of 64-year old Thomas Mooney and seriously injured director David Peter Matthews.

A joint Dorset Police and HSE investigation was immediately launched to investigate the circumstances.

An 18-month long investigation by detectives from Poole CID, Dorset Police’s Major Crime Investigation Team (MCIT), investigating officers from the HSE as well as HSE laboratory staff, led to charges being agreed by the Crown Prosecution Service. In December 2006, charges of manslaughter, corporate manslaughter and health and safety offences were laid.

The company had previously pleaded guilty to two counts under health and safety legislation, but Matthews was also found guilty of two counts under health and safety legislation (Sections 2 and 3 of the Health and Safety at Work Act).

Matthews pleaded guilty to one charge of perverting the course of justice and was found guilty of two further counts of perverting the course of justice. He was found not guilty of manslaughter.

Fellow director Michael James Anderson was found guilty of one count of perverting the course of justice but cleared of a second count of perverting the course of justice.

The company was found not guilty of corporate manslaughter. Sentencing has been adjourned to September 2008.

Detective Inspector Jez Noyce of Dorset Police’s MCIT says:

"There is nothing that we can do to bring back Mr Mooney but it’s my hope that the guilty verdicts on the health and safety counts will act as a warning to all employers to make absolutely sure that they have processes in place to ensure the safety of their staff.

"The courts, the Crown Prosecution Service and Dorset Police take offences of perverting the course of justice extremely seriously. In this case, the two defendants used their position in the company to pressurise and manipulate their staff into giving false and erroneous evidence."

Although the trial happened after the Corporate Manslaughter and Corporate Homicide Act 2007 came into force, the company was charged with the common law offence of corporate manslaughter as the new Act cannot be applied retrospectively.