Rank: Forum user 
|
|
|
|
|
|
|
Rank: Super forum user 
|
Why has it taken 3 years to get this far?
|
|
|
|
|
|
Rank: Super forum user
|
Reading reports, it was a 500kg wooden window frame which was propped up against a wall, near a ground-floor window, no barriers http://www.dailymail.co....ondon-eating-banana.htmlYes, it has been a long investigation to work out why an object was unsafely leaned against a wall! Amongst the summonses, three individuals have been summonsed for manslaughter by gross negligence. That would suggest they have had appropriate training but ignored it? A fourth individual summonsed but not for manslaughter. All three companies charged with failing in duty of care for non-employee AND employee? So I suppose we shouldn't comment any further as we don't know enough, and case is ongoing.
|
|
|
|
|
|
Rank: Super forum user
|
walker wrote:Why has it taken 3 years to get this far? Because this is the real world not an episode of CSI it won't be resolved in 1 hour. A prosecution like this involves several agencies and they will want to make sure that each step is done right or they will be accused of wasting public money. This will involve the HSE and the police and the CPS and the Coroner. Each will be doing their bit and will be checking the evidence presented at each stage to see if it is worth going onto the next step leading up to prosecution. If the accused does not admit guilt quickly then they and their lawyers will be challenging each step (as is their right) . There might be more than one accused including the company and the individuals involved, each of whom will have their own lawyers who will be checking on what each agency is looking at and what the other accused are doing. They will want time to review all of the evidence against their clients. That is why it takes so long and costs so much to prosecute a criminal case
|
|
|
|
|
|
Rank: Super forum user
|
A Kurdziel wrote:walker wrote:Why has it taken 3 years to get this far? Because this is the real world not an episode of CSI it won't be resolved in 1 hour. A prosecution like this involves several agencies and they will want to make sure that each step is done right or they will be accused of wasting public money. This will involve the HSE and the police and the CPS and the Coroner. Each will be doing their bit and will be checking the evidence presented at each stage to see if it is worth going onto the next step leading up to prosecution. If the accused does not admit guilt quickly then they and their lawyers will be challenging each step (as is their right) . There might be more than one accused including the company and the individuals involved, each of whom will have their own lawyers who will be checking on what each agency is looking at and what the other accused are doing. They will want time to review all of the evidence against their clients. That is why it takes so long and costs so much to prosecute a criminal case I'd have never have guessed! Maybe I ought to have said is, "they" ought to have got their finger out and got this to court much earlier.
|
|
|
|
|
|
Rank: Super forum user 
|
I am with Walker in that it never ceases to amaze me how long it takes to bring a prosectuion. Not wishing to discuss the nuances of the case, but given the obvious cause of the tragic incident it would hardly be rocket science!
HASWA s7 prosecution suggests that employees were at fault for either not following their training, procedures, or instructions.
|
|
|
|
|
|
Rank: Super forum user
|
If the authorities had more resources, if they didn’t lose staff as they move to better paid jobs in the private sector, if defence lawyers didn’t delay proceedings and told their clients to plead guilty rather than wait ‘til the last minute, if witnesses didn’t disappear and evidence misplaced… then yes the cases might go through quicker. There a probably loads of reasons why this has taken a long time but 3 years is not unusual.
Just because it looks obvious to the outsider doesn’t mean that it is straightforward.
|
|
|
|
|
|
Rank: Super forum user 
|
walker wrote:Why has it taken 3 years to get this far? For the benefit of lawyers / barristers & the like mate.
|
|
|
|
|
|
Rank: Super forum user
|
A Kurdziel wrote:
Just because it looks obvious to the outsider doesn’t mean that it is straightforward.
Im no genius or expert investigator but really...large item put by wall, no controls, large item falls over, person dead....How much more straight forward could it be. 3 years is simply ridiculous.
|
|
|
|
|
|
Rank: Super forum user
|
stonecold, yes 3 years is too long
but as we have discussed there are summonses for both individuals and for companies.
We don't know if the individuals are those persons who unsafely propped the frame against the wall, or if they are supervisors/managers who did not effectively perform their management duties.
My guess is that investigations have not clearly identified responsibility for the accident, everyone who has been interviewed has got their own lawyer to try and clear them of any responsibility, all those lawyers want to be paid as much as possible.......
The summonses are laid to both individuals AND companies so that the case will result in a guilty verdict against someone?
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.