2013年5月22日星期三

He died of head and neck injuries



Allan Turnbull was found guilty of manslaughter by gross negligence after a four week trial into the death of his employee Kenneth Joyce.Kenneth Joyce, from Lanchester, County Durham, had been dismantling a building at a Swan Hunter shipyard in Wallsend, North Tyneside, on December 2, 2008 when the incident happened.The 53-year-old fell 30ft when his cherry picker machine was struck by a 14-tonne girder.A second girder also fell, knocking a 250kg beam off a crane and on to MrJoyce.Turnbull, 61, of Inkerman Tow Law, County Durham, owns A&H Boring and Machining.He had been contracted by North Eastern Marine Offshore Contracts (Nemoc) based at Yarm, near Stockton, to carry out the work.Jurors at Newcastle Crown Court were told a catalogue of health and safety failings led to Mr Joyce's death.Among the failings were that Turnbull did not undertake a specific risk assessment, failed to identify the risks of the job and that there was a risk of death and he failed to take advice from a competent person.Prosecutors said Mr Joyce's death could have been avoided if a safe system of work had been established and followed.

Prosecutor Richard Matthews QC said: "It was high hazard work that required careful planning and close supervision by someone who knew what they were doing."There was an obvious risk of death arising from these activities."The court heard that Mr Joyce, along with Tony Billingham, had removed steel bolts between two 14-tonne plate girders that were part of the roof of a building known as the Burning Hall.Stanley Woods was in the process of lowering the cross beam using a crane when the plate girders became unstable. One of the girders fell and knocked over the hydraulic platform, throwing Mr Joyce to the ground.The other girder twisted and fell, knocking the 250kg beam free from the crane where it landed on Mr Joyce, killing him.Sentencing was adjourned but Turnbull was warned that jail was a possibility.Judge Paul Sloan QC said: "You must understand all sentencing options are open to the court. You in particular, Mr Turnbull, must understand a custodial sentence is available in the circumstances of this case."Turnbull had denied manslaughter by gross negligence.

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