Geoconsult loses appeal

Austrian consulting engineer Geoconsult, which was prosecuted over the Heathrow Express tunnel collapse, has lost its appeal against conviction and must wait until later this week to see whether its £500,000 fine will be reduced.

Lord Justice Beldam, sitting at the Court of Appeal in London, announced that the verdict of an Old Bailey jury against the Salzburg-based consultant would not be overturned.

He added that the judges would give their reasons at a later date when they announce their decision on sentence.

Balfour Beatty was fined a record £1.2 million at the Old Bailey last February for failing to ensure the safety of site workers and members of the public following the collapse of the tunnel in October 1994. Balfour Beatty engaged Geoconsult as its geotechnical engineer.

Mr Alan Marriott QC, for Geoconsult, complained there had been non-disclosure of reports by the prosecution affecting "the integrity of trial," and said there had been an abuse of process. He further criticised the trial judge's summing-up to the jury as a "mis-direction."

However, Mr Hugh Carlisle QC, for the Crown, said this was the first he had heard of the attack on the summing-up speech.

He went on to say the alleged abuse of process had been "remedied" and the particulars of the evidence had been required to impose restrictions.

Appealing against the sentence, Geoconsult's QC said the effect of the fine and £100,000 costs could be fatal to the company and commented: "Nobody was killed, nobody was injured."

He said the judge had been influenced by the proximity of the Piccadilly Line, but the error that occurred had been "an error of professional judgment, which should have been picked up earlier."