Wed, 09 Sep 2015
In 2014 Tim Pole represented the family of James Morgan at an inquest in Truro. The death occurred whilst the defendant was working on a barn extension at a farm in Cornwall. The inquest was stopped by the coroner after cross examination of Phil Tucker and Roger Matthews. Evidence was elicited in cross examination that led the coroner to refer the case to the DPP. The CPS had reviewed the case before the inquest and had indicated that there was insufficient evidence to prosecute. The family were understandably delighted at this development. The referral led to a prosecution for gross negligent manslaughter and health and safety offences against Roger Matthews the land owner his employee Norman Treseder and Phil Tucker the deceased’s employer. On the 12/8/15 a jury found Matthews, 47, from St Ervan, Wadebridge, and Treseder, 54, from Wendron, Helston, guilty of Mr Morgan's manslaughter by gross negligence.
Tucker, 57, from St Wenn, Bodmin was found guilty of one count of breaching health and safety regulations by failing to identify the risk to a person working on the site.
Matthews Plant Hire Ltd was found guilty of two health and safety breaches by failing to protect employees and non-employees from electrocution.
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