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MEden380  
#1 Posted : 30 May 2012 16:59:22(UTC)
Rank: Super forum user
MEden380

Have you seen today's news that the remaining two serving Fire Officers from Warwickshire have been found not guilty of man slaughter. The Chief Officer of Warwickshire FRS and Chief Officers Association both saying that the case should never have happened and that there now needs to be an investigation into why the case was ever brought to court. Whilst our thoughts go to families of those four Brave Firefighters that died the CO is asking why those that caused the fire have never been caught.
Zimmy  
#2 Posted : 30 May 2012 19:08:37(UTC)
Rank: Super forum user
Zimmy

Thank god for people like our brave emergency services girls and boys. R.I.P.lads. My sincere respects to the family's and to all those who serve, both past and present. To the people who start these fires etc....I don't want to be banned again but I'm sure you get the message. Rob
messyshaw  
#3 Posted : 30 May 2012 20:40:52(UTC)
Rank: Super forum user
messyshaw

Whilst I accept that the Police & CPS are damned if they do and damned if they don't, there are many aspects of this investigation & prosecution that many say have been badly handled. I can't mention details on here, but one would be why some of the accused (now acquitted) when voluntarily attending interview, were arrested & held in custody when they were totally cooperative and posed no significant absconder risk. The second most positive part of today's verdict, is that their Chief Officer has stood firmly behind his staff and criticised that the prosecution ever went ahead. Trust me, not every chief officer/executive would have done that. It gives me some confidence that those involved in this tragedy will be supported now, at last, they can start their emotional recovery
mylesfrancis  
#4 Posted : 31 May 2012 08:11:01(UTC)
Rank: Forum user
mylesfrancis

MEden380 wrote:
The Chief Officer of Warwickshire FRS and Chief Officers Association both saying that the case should never have happened and that there now needs to be an investigation into why the case was ever brought to court.
Well, they would say that wouldn't they? Sorry, but I get a bit fed up when the suspects in a high profile case are acquitted that the immediate response is that there should be some inquiry into "why the case was ever brought". The case would have been brought because it was deemed by the CPS that there was a) evidence to support the charges, b) it was in the public interest to take the case, and c) there was a realistic prospect of conviction. If the evidence was so weak, the case would've been thrown out at "half-time" on a defence application of "no case to answer" - which is what happened for one of those charged. The fact that the judge allowed the other two to go to a jury decision would suggest that this wasn't some sort of flimsy investigation with little evidence. There's also comment on here about why the suspects were arrested and held. That is simply standard practice for an offence of this magnitude and follows the procedures laid down by PACE.
JohnW  
#5 Posted : 31 May 2012 11:45:43(UTC)
Rank: Super forum user
JohnW

mylesfrancis wrote:
I get a bit fed up when the suspects in a high profile case are acquitted that the immediate response is that there should be some inquiry into "why the case was ever brought".
I do think that way too Myles. I do sympathise with the commanders and the difficult experiences they have had during the fire, and during the case, but clearly the death of several firefighters is an extremely unacceptable outcome that needed full investigation. A charge of manslaughter seems extreme but deaths did occur because the firefighters entered a building under instruction. Mistakes may have been made and need to be understood, hopefully the investigation will have some positive outcome.
Corfield35303  
#6 Posted : 31 May 2012 11:56:52(UTC)
Rank: Forum user
Corfield35303

There is a separate H&S prosecution of the local authority (on bahalf of the fire service) - would it not have been better to do this first? i.e. before looking at the manslaughter charge. I guess that might be deemed prejudicial in some way though.
MEden380  
#7 Posted : 31 May 2012 12:15:50(UTC)
Rank: Super forum user
MEden380

mylesfrancis wrote: I get a bit fed up when the suspects in a high profile case are acquitted that the immediate response is that there should be some inquiry into "why the case was ever brought". Mylesfrancis & JohnW- firstly I think this the first time serving Fire Officers have been charged with Manslaughter when fellow Firefighters have been killed on active duty so an inquiry as to why they were charged I believe is the right course of action. Secondly the brave men that died, went into a burning building to search for people that they all believed were still in there, they would not have entered if this wasn't the case. It seems that because the incident commanders authorised this course of action they are culpable of causing the deaths. If there had been people in the building and they died because no rescue attempt was made would they be charged for those deaths? The old saying dammed if you do dammed if you don't is so true. I served as a firefighter for 15 years and experienced some near misses, but the training I had helped get through the situation. I , and a great many of firefighters would have entered that building not because of an order but from a sense of duty, if I was told not to enter when people were in I would probably have still entered as many Firefighters would, not being gungho but in an attempt to say others in peril
richp  
#8 Posted : 31 May 2012 12:25:31(UTC)
Rank: Forum user
richp

Corfield35303 The local authority plead guilty to the H&S charges earlier this year. However, I believe that they did not agree with some of the allegations made by the prosecution.
mylesfrancis  
#9 Posted : 31 May 2012 14:00:37(UTC)
Rank: Forum user
mylesfrancis

MEden380 wrote:
Mylesfrancis & JohnW- firstly I think this the first time serving Fire Officers have been charged with Manslaughter when fellow Firefighters have been killed on active duty so an inquiry as to why they were charged I believe is the right course of action.
Sorry, but I don't see why. Should we have an inquiry every time somebody is acquitted of an offence? The CPS believed there was a case to answer, as did the trial judge by allowing it to be put to the jury. What benefit would there be in holding an inquiry?
Quote:
Secondly the brave men that died, went into a burning building to search for people that they all believed were still in there, they would not have entered if this wasn't the case. It seems that because the incident commanders authorised this course of action they are culpable of causing the deaths.
I think this is the nub of the issue here. It's not clear whether this was a case of "persons reported" or whether the Fire Officers were acting on suspicion that there may be someone inside. It's quite clear that the poor men who died were acting on the information provided by their commanders, and the questions are whether that information was adequate and were they negligently put at risk by their commanders.
messyshaw  
#10 Posted : 31 May 2012 15:36:57(UTC)
Rank: Super forum user
messyshaw

Away from this incident, I must just correct the assumption that firefighters only enter burning buildings where persons are believe trapped. That is patently not true. The main task of any structure is to keep the weather out. Roof, walls and to some extent, windows will resist water and thwart attempts of firefighting defensively (from the outside). Similarly, trying to extinguish a small fire inside a large building is not possible without going inside (with the necessary PPE & BA). So the vast majority of the bread and butter firefighting tasks carried out by the UK fire service every day are carried out 'offensively' - ie an internal attack. Whether to carry out offensive or defensive attacks is a very complicated matter and requires the use of a dynamic risk assessment. The quality of that assessment is central to all command decisions and ultimately, to the H&S of all concerned on the fireground. Unlike most tasks, a fire scene RA cannot be carried out in advance, so needs to be carried out in parallel with completing the task in a high octane, fast moving dynamic situation. The bigger and more complicated the fire/building, the more numerous are the considerations. It's clear that the understanding the risks improves with time as more information is received, so the early operations present most risk. Selecting the offensive mode is risky and will be opted when the gain is worth the risk. Having 'persons reported' is most likely likely to end in an offensive mode. But the situation needs to be monitored and adjusted constantly. This may not be from a cozy air conditioned office, with bright lights and an expresso machine, but from standing outside at night in the rain at the back of a vehicle with limited resources initially. Like any RA, the quality of the findings/decisions is only as good as the quality of the information coming in, and the competence of those analysing that information. The UK fire service have (in my opinion) dumb downed promotion standards in recent years and cut back on training due to budget cuts and to allow for other priorities (Home smoke detectors fitting and domestic FRAS for one). Many in the fire service are anxious that standards and competence levels are not currently at acceptable levels and, frankly, the fire service education, training, command - and above all, funding is a mess. It is these wider areas that need an independent inquiry rather than wasting resources on a pointless prosecution. I fear with budgets being squeezed more, training will suffer to keep stations open and fire service H&S will suffer. It would be rewarding to think that the legacy of this Warwickshire tragedy would be such an enquiry leading to safer working conditions. Sadly, this doesn't look likely
firesafety101  
#11 Posted : 31 May 2012 22:05:35(UTC)
Rank: Super forum user
firesafety101

I was a fireman and station officer in Liverpool for 25 years. On attending a fire situation involving building/s if it was not an obvious unoccupied/derelict premises, and if no one told us all persons accounted for there would be an entry into the premises for search and potential rescue. That was the case when I was in the job. If we did not enter and there were persons inside, who subsequently perished then we would have failed in our duty. That was then, this is now - the current procedures are to firefight from outside by pouring water onto the fire through doors and windows, this allows for maximum damage and the resulting high insurance costs. I cannot comment on the incident where those four firefighters lost their lives but i suspect there was not an all persons accounted for message otherwise they would not have been committed.
RayRapp  
#12 Posted : 02 June 2012 23:22:45(UTC)
Rank: Super forum user
RayRapp

I started a similar thread unaware that this one had already kicked off. I think the prosecution was a brave or foolhardy decision. To prosecute fire officers for gross negligent manslaughter is a serious matter, decisions have to be taken on the ground and with hindsight they may not have been a good decisions - does this make it a criminal offence?
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