Crown Court delays dumper sentence

An unqualified dumper truck driver who admitted criminal charges in connection with the death of a construction site worker must wait until next year to hear his sentence.

A judge at Maidstone Crown Court in Kent adjour- ned sentence on 59-year-old Barry Pollen, formerly of Beach Road, South Shields, Tyne and Wear, until after the trial of principal contractor Miller Construction (UK) and Sean Mongan, 49, of Upland Grove, Leeds, West Yorkshire, next May.

The accident, which led to the death of 29-year-old Justin Taylor, happened on the £100m Fremlin Walk shopping development at Maidstone in June 2003.

Pollen has pleaded guilty to failing to comply with a duty imposed by the Health and Safety at Work Act 1974 at the time Taylor was killed.

He admitted: driving the dumper when he was not qualified; continuing to drive the dumper after being told not to; and attempting to tip a load when the tipping area of the spoil heap was congested with material.

Contractor Miller and Mongan have denied a similar charge to the one to which Pollen pleaded guilty. And Miller further denied failing to comply with a health and safety regulation.

Miller is alleged to have failed to ensure that workers on the site had the appro- priate qualifications for driving certain vehicles, or that ade- quate training was given, or to ensure the safety of operations on the site.

Mongan is accused of : authorising Pollen to drive the dumper when it is alleged he knew he was not qualified; failing to prevent him from driving it when he had been ordered not to; and failing to address dangerous practices on the site.

[Contract Journal, 18 October 2006, p 4]