Manslaughter or Tragic Accident?

(Posted on 11/02/11)

The question of whether Alexander Wright's tragic death was a devastating accident or manslaughter is moot, since it's already been proven, at least to the degree that allows it to be tried under the Corporate Manslaughter and Corporate Homicide Act of 2007. Clearly the courts agreed it qualified and as a result, the company is now facing legal challenges from all directions.

Cotswold Geotechnical Holdings, located in Gloucester, is the first company to be tried under new corporate laws that were defined to hold companies liable for their employees deaths from a criminal aspect. The suit alleges the engineering firm did not take adequate safety precautions for its employees. The official charge is gross negligence. Alexander Wright was a geologist who'd been taking samples from a construction site when an area of the construction site collapsed in September, 2008.

Another similar charge has been filed against one of the company's director, Peter Eaton. His gross negligence manslaughter charge could result in a life sentence if he's convicted. Currently, it's said his health is deteriorating and as a result, it's uncertain if charges will move forward. On the other hand, if the company is found guilty, the punishment is defined as an "unlimited fine". Other health and safety charges are pending as well.

The company charge was filed courtesy of the 2007 act that allowed for easier criminal prosecution for businesses versus individuals when it comes to the death of an employee. One spokesperson for the CPS Special Crime Division said corporate manslaughter can be proven if the the manner in which tasks are managed resulted in a death and if a gross breach of duty to the deceased can be proven.

It's believed several work related deaths are now being investigated due to relatively new law, though this is the maiden trial.

Lawyers for the company are questioning the legislation as a whole and specifically, the interpretations of that law. This case has highlighted the importance of legal compliance for companies and has raised the stakes.