Crossgar: Company fined £75k for safety breaches after man's death

A County Down company has been fined £75,000 for healthy and safety breaches which resulted in the death of an employee.

The penalty was imposed on David Henderson Food Machinery Limited, based in Crossgar.

Stephen Karl Casement died on 8 November, 2018.

The 66-year-old father-of-six was crushed by a piece of heavy machinery on the company's premises.

Judge Geoffrey Miller KC said: "This was an utterly avoidable tragedy which has had an immeasurable and life-altering impact upon his family."

The company was represented in court by David Henderson.

Downpatrick Crown Court heard on the date in question emergency services were called to the business premises.

Upon arrival, Mr Casement, who was employed as a lorry driver, was observed lying in the yard.

He was treated at the scene before being taken to the Royal Victoria Hospital but died from his injuries.

Enquiries revealed that a colleague of Mr Casement was attempting to move a piece of heavy machinery called a Tote Bin Hoist using a forklift.

Mr Casement - who had been leaving work to go home - was asked to help and during this operation the heavy item toppled and crushed him as he tried to hold it steady.

Following PSNI and council investigations, a report found the company failed to both plan a safe system of work and to protect employees.

Sixteen areas of failure were set out in the report, including failure to plan and assess the risk associated with the lifting operation; failure to make a proper assessment of how to secure the load; failure to consider lifting by any means other than the forklift and to make adequate provision to prevent the load from striking someone.

The company denied an initial charge of corporate manslaughter but pleaded guilty to a second charge of failing to ensure the health and safety of employees.

On Thursday Judge Miller paid tribute to Mr Casement and offered his condolences to his family.

In Victim Impact Statements, Mr Casement, who had become a great-grandfather prior to his death, was described him as hardworking man who was an integral part of the family, the judge said.

"These statements also speak of their distress, unabated by the passage of time, regarding the manner of his death, their inability to be with him in the immediate aftermath and their collective sense of grievance at the protracted nature of the investigation and prosecutorial process."

The judge also spoke of the family's anger at a social media post by the company last month when the corporate manslaughter charge was left in the books.

The message read: "Four years seven months of hell, yesterday our company was cleared of corporate manslaughter in court."

It went on to comment that they were "amazed" the case made it to court, adding that it felt like a witch hunt by the council.

Branding the message as "crass, insensitive, appalling and utterly shameful", Judge Miller said: "Frankly the arrogance of whoever wrote this notice and whoever authorised its content and posting is breath-taking."

Revealing the company has no previous convictions, Judge Miller noted it had been the subject to inspections since, and no further breaches had occurred.

Mr Henderson was told he had six months to pay the £75,000 fine.