Fatality case referred to Crown Court for higher fine

Krypton Health Construction and Controlled Flame Boilers have been referred to the Crown Court for sentencing after a heating engineer fell 9m to his death more than two years ago.

Robert Burchett was killed on 10 April 2002 after falling from an unprotected edge during the construction of an operating theatre building at the Royal National Orthopaedic Hospital in Stanmore.

Following a Health and Safety Executive (HSE) investigation, both Krypton Health Construction, of Bishop’s Stortford, and Controlled Flame Boilers, of Clacton on Sea, Essex, pleaded guilty to charges of failing to look after their employees as far as health and safety issues. Controlled Flame was also charged under Regulation 6 of the Construction (Health, Safety and Welfare) Regulations.

However, at City of London Magistrates' Court yesterday, it was decided that the case should be referred to the higher court. The maximum pemalty a Magistrates' Court can impose for a breach of Section 3(1) is £20,000 and for Regulation 6 £5,000. In the Crown Court, an unlimited fine can be imposed.