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Mowlem on trial for Bath Spa fatality
16:34 25 May 2005
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Mowlem is being prosecuted by the Heath & Safety Executive (HSE) for allegedly breaching health and safety rules following the death of a worker on its £35m Bath Spa project.
An inquest from a local coroner’s court, which followed the death in 2003 of carpenter Arthur Cox, 54, after he was found semi-conscious with severe head injuries at the site, has recorded a verdict of accidental death.
The incident happened while Cox was checking some newly-installed ventilation grilles on the roof of the spa’s Cross Bath.
Despite the coroner’s findings, a high court judge has changed some of the wording of the inquest report after Mowlem argued that it was unhappy with the coroner’s “unlawful comments”, which stated that Cox died ‘when he fell from a ladder’.
This entry was made on a form given to the jury to record its verdict.
The judge has now substituted this wording with ‘Cox stumbled, tripped, and/or fell at work’.
Mowlem has also ordered that the comments made by the coroner should be struck from the record.
There will now be a judicial review before the start of a first hearing at Bath Magistrates’ Court after a hearing on 12 April was postponed.
The case is expected to go to Crown Court.
An HSE spokeswoman alleged that Mowlem had breached two sections of the Health & Safety at Work (HSW) Act for failing to ensure the health and safety and welfare of its employees. She added that no appeal had been lodged by Mowlem.
A Mowlem spokeswoman responded: “Mowlem confirms that it has been summonsed on two charges under the HSW Act. We are evaluating our response in the light of the recent decision of the High Court in London correcting the coroner’s court inquisition and striking out the coroner’s unlawful comments.”
An inquest from a local coroner’s court, which followed the death in 2003 of carpenter Arthur Cox, 54, after he was found semi-conscious with severe head injuries at the site, has recorded a verdict of accidental death.
The incident happened while Cox was checking some newly-installed ventilation grilles on the roof of the spa’s Cross Bath.
Despite the coroner’s findings, a high court judge has changed some of the wording of the inquest report after Mowlem argued that it was unhappy with the coroner’s “unlawful comments”, which stated that Cox died ‘when he fell from a ladder’.
This entry was made on a form given to the jury to record its verdict.
The judge has now substituted this wording with ‘Cox stumbled, tripped, and/or fell at work’.
Mowlem has also ordered that the comments made by the coroner should be struck from the record.
There will now be a judicial review before the start of a first hearing at Bath Magistrates’ Court after a hearing on 12 April was postponed.
The case is expected to go to Crown Court.
An HSE spokeswoman alleged that Mowlem had breached two sections of the Health & Safety at Work (HSW) Act for failing to ensure the health and safety and welfare of its employees. She added that no appeal had been lodged by Mowlem.
A Mowlem spokeswoman responded: “Mowlem confirms that it has been summonsed on two charges under the HSW Act. We are evaluating our response in the light of the recent decision of the High Court in London correcting the coroner’s court inquisition and striking out the coroner’s unlawful comments.”