Scrapyard cleared of corporate manslaughter

Prosecutions and Claims |
14.08.2008

A scrap metal firm and one of its directors have been found not guilty of manslaughter but will be sentenced for safety failings following the death of a worker in an explosion.

Two directors were also found guilty of perverting the course of justice for pressuring staff to give false evidence at the trial.

In May 2005, 64-year-old Thomas Mooney was cutting up gas cylinders with an industrial cutter at Reliance Scrap Metals in Poole, Dorset, when an acetylene cylinder exploded.

Mooney was engulfed in flames and died later in hospital. Company director David Matthews was badly burned.

In December 2006, following an 18-month investigation by Dorset Police and the HSE, Reliance was charged with corporate manslaughter and health and safety breaches. David Matthews was charged with manslaughter and breaching Sections 2 and 3 of the Health and Safety at Work Act.

A trial began at Winchester Crown Court in October 2007 but was adjourned following allegations that Matthews and another director, Michael Anderson, had perverted the course of justice.

A retrial began in June and on 11 August the jury found Matthews guilty of health and safety offences and two charges of perverting the course of justice. He had earlier pleaded guilty to a third charge of perverting the course of justice. He was cleared of manslaughter.

Anderson was found guilty on one count of perverting the course of justice but cleared of a second count.

Reliance was found not guilty of corporate manslaughter. The company had earlier admitted breaching health and safety legislation.

Sentencing will take place in September.

Detective inspector Jez Noyce of Dorset Police said: "The courts, the Crown Prosecution Service and Dorset Police take offences of perverting the course of justice extremely seriously.

"In this case, the two defendants used their position in the company to pressurise and manipulate their staff into giving false and erroneous evidence."