Member of the pubic died as a result of ‘gross negligence’ by manager
A man has been found guilty of manslaughter by gross negligence after a woman walking past a construction site died when three window frames weighing more than half a ton fell on her.
At about 11:30hrs on 30 August 2012, Amanda Telfer, a freelance intellectual property and media lawyer, was walking along the pavement past a construction site in Hanover Square, W1 when three large unglazed window frames, together weighing 655kg, fell on her.
She died at the scene from massive crush injuries.
The following have been convicted for offences arising from the death of Ms Telfer:
- Kelvin Adsett – aged 64 (10.8.52) of New Road, Slough, Berkshire was convicted at the Old Bailey on Thursday, 23 March, of manslaughter by gross negligence and offences contrary to Section 7a of the Health and Safety at Work Act. Mr Adsett was the on-site project manager for IS Europe Ltd.
- Damian Lakin-Hall – aged 50 (01.01.67) of Portsmouth Road, Cobham, Surrey was convicted of offences contrary to Section 7a of the Health and Safety at Work Act. He was acquitted of manslaughter.
- IS Europe Ltd – of Slough, Berkshire was convicted of offences under Section 2 and 3 of the Health and Safety at Work Act.
The convictions follow an investigation by the Metropolitan Police Homicide and Major Crime Command with the assistance from HSE.
Mr Adsett and Mr Lakin-Hall were bailed to appear at the same court for sentencing on 5 May 2017.
Frames insecure with no barrier
The window frames – one around 3.2m square and two approximately 3.3m x 1.8m – had been delivered the previous day as scheduled but could not be fitted immediately due to other delays on site.
The frames were left on the pavement overnight, leaning against the building. No efforts were made to secure them and no barrier placed around them. No checks were made on them when the individual defendants arrived on site the next morning.
As Amanda walked past, it is believed a door in the building blew open in the wind, hitting the frames and causing them to topple. A worker inside tried to grab them but they fell, crushing Amanda underneath.
Several members of the public came to help and together they managed to lift the frames off Amanda. However, she was unconscious and not breathing. Police, the London Ambulance Service and London’s Air Ambulance attended but she died at 11:57hrs.
Lakin-Hall told officers at the scene the frames had been secured to the wall with a ratchet strap – evidence showed that had never been the case.
Detective Chief Inspector Andrew Chalmers said:
“The individuals and company who were convicted in this tragic case had a laissez-faire attitude to health and safety and did not take their obligations seriously.
Each had a responsibility for the safety of the construction site but failed to deal with a basic task that very obviously then presented a serious hazard.
Amanda died four-and-a-half years ago and this has been an incredibly long and complex case to bring before the courts with many many hours of enquiries carried out by my team.
Her death was completely avoidable and it is satisfying for all involved in this case – and especially Amanda’s family – that the jury have convicted these people and companies today.
Prosecutions such as this are so important in enforcing adherence to health and safety laws. This tragic case proves just why employers and employees should take their obligations to safeguard workers and the public seriously.”
High level of negligence and incompetence
Barry and Ann Telfer, Amanda’s parents, said following the verdict:
“Amanda was a bright lovely professional woman living her life to the full and making plans for the future. Her future was taken from her when she was crushed to death by half ton window frames which took two seconds to fall on her. The frames had been left standing, almost vertically, at the side of a public pavement, unsecured to anything, unattended and with no safety barriers around them.
If construction companies and the people who work for them are not held to account for such high levels of negligence and incompetence then none of us is safe walking the streets next to construction sites. The Health and Safety training being given is totally inadequate, if risk of death to passers-by is ignored.
It is nearly five years since Amanda died. We would like to thank the police, health and safety officers and prosecution who worked on behalf of Amanda for their persistence and patience. We and all Amanda’s family and friends will always miss her. Nothing will change that.”
In an impact statement for the court they added:
“Every parent who has lost a child to a violent and sudden death knows the overwhelming shock and disbelief which is impossible to describe. We saw our daughter on the morning of the day she died. An hour before she was killed she was with us, telling us about her social plans with friends for that evening and for the weekend, looking forward to some interesting legal work that she was going to be starting that afternoon, planning a weekend in France to see her brother and his family. She was very cheerful, making plans and looking forward.
An hour later she was dead, killed whilst walking along the public pavement in central London. We’ll never see her again or hug her again. We’ll never hear her laugh again or enjoy her company again. Amanda was the best company, funny and interesting herself and always interested in and fully engaged with whoever she was talking to. She was very loving, generous and supportive to us and to all her family and friends. We spoke together regularly and she would contribute enthusiastically to every family event, birthdays, anniversaries, full of ideas and energy, however busy she was. We looked forward to her companionship and interest in us. Our lives were enriched by her and our old age will be diminished by her absence. She had so many plans for the future, ever improving her professional skills and for travelling. She was so full of life. It’s still almost impossible for us to believe that she really has gone or to come to terms with the random carelessness of how she was killed.
We don’t want retribution for our loss of Amanda, though we will never recover from it. We want accountability established, responsibility acknowledged. Her death was avoidable. She was killed by two half-ton window frames which had been left standing at the side of a busy public pavement unsecured, unbalanced and unattended with no safety barriers round them. The risk to passers-by is obvious. Yet the risk was ignored and our daughter, a bright, beautiful woman with so much to live for, so much she wanted to do with her life, was killed.”