A Co Down company was today (Thursday) fined £75,000 for health and safety breaches which resulted in the death of an employee.
The financial penalty was imposed upon David Henderson Food Machinery Limited, which is based on the Downpatrick Road in Crossgar, following the death of Stephen Karl Casement.
The 66-year old father-of-six died after being crushed by a piece of heavy machinery in the company’s premises on November 8, 2018.
As he imposed the fine, 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, who was in Dubai when the fatality occurred. Downpatrick Crown Court, sitting in Belfast, heard that on the date in question the emergency services were called to the business premises in Crossgar.
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 rushed to the Royal Victoria Hospital but passed away that day from crush 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 over and crushed him as he tried to hold it steady.
The incident was investigated by both the PSNI and Newry and Mourne District Council and a subsequent report identified a failure by the Company to both plan a safe system of work and to protect employees.
A total of 16 areas of failure were set out in the report which included a 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 failure to make an adequate provision to prevent the load from striking someone.
Following the investigation, David Henderson Food Machinery Limited was initially charged with corporate manslaughter - a charge denied by the company.
When a second charge of failing to ensure the health and safety of employees on November 8, 2018 was put to the Company, a ‘guilty’ plea was entered and the corporate manslaugher charge was left on the books by the Crown.
During today’s sentencing, Judge Miller paid tribute to Mr Casement and offered his condolences to his family.
Revealing Mr Casement had become a great-grandfather prior to his death, Judge Miller said he had read Victim Impact Statements compiled by his children and sister.
The Judge said: “These speak of their collective love for a man who was hard-working, who had endured much, who provided for his family and who was an integral part of all their lives.
“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.”
Judge Miller also spoke of the Casement family’s “anger, hurt and shock” regarding a social media message posted on one of the Company's social media pages last month when the corporate manslaughter charge was left on the books.
The message said: “Four years seven months of hell, yesterday our company was cleared of corporate manslaughter in court. We can now move on with our lives. Still amazed that this went to court and still feel this was a witch hunt by NMD Council. Onwards and upwards.”
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 breathtaking.”
Revealing the Company has no previous convictions, Judge Miller also noted it has been the subject of Health and Safety inspections since the incident and no further breaches have occurred.
After the £75,000 fine was imposed, David Henderson was told the company had six months to pay the penalty.
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