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8 Jun 04Poole Successful in Prosecution of DIY Superstore
Following protracted legal proceedings, B&Q plc have been found guilty of five counts including breaching health and safety regulations and for failing to ensure safe systems of work were implemented for fork lift trucks operating in the B&Q Depot, Fleetsbridge, Poole.
The decision follows the death of Poole resident Mrs Pamela Jean Hinchliffe, aged 68, from Hamworthy, who was hit by a fork lift truck in June 2001 whilst shopping at the Fleetsbridge store.
Following the accident, the Borough of Poole's Consumer Protection Services conducted a full investigation in conjunction with the Police and this has led to today's prosecution. The eight charges were brought under Health and Safety legislation to which B&Q plc pleaded not guilty.
Following the trial at Bournemouth Crown Court, the jury delivered a verdict of guilty. The court heard that this was not an isolated incident and that the control of forklift movements did not comply with the company's own guidelines. CCTV evidence existed that was seized and formed a key part of the prosecution evidence. This evidence showed many occasions when the forklifts were being driven without banksmen and in a manner unsuitable for areas that were shared with the general public.
Councillor Don Collier, Cabinet Portfolio Holder for Environment, said: "The events leading to this tragic accident were entirely avoidable and this has clearly been recognised by the Court in their judgement. The prosecution has served two purposes - firstly as a penalty to B&Q plc and secondly as a warning to all businesses of the responsibilities they owe to their customers. The Borough of Poole takes its enforcement responsibilities for Health & Safety extremely seriously and this case has emphasised the importance of this work in protecting the community."
Peter Pawlowski, Head of Consumer Protection Services, Borough of Poole, said: "The level of challenge to the prosecution brought forward by the company has been extremely high, indeed, uniquely so in my experience. The family have been hugely supportive to officers and shared our frustration in not being able to bring about a more speedy resolution to this tragic incident. I hope the successful prosecution of the company together with the earlier prosecution of the forklift driver, bring some small comfort to the family.
"It should also send out a clear statement to business that they need to apply great care to their internal safety controls. The best system in the world is of little use if not applied diligently and this incident has highlighted the potential tragic results of ineffective management of health and safety measures."
Notes:
Sentencing will take place in July
Banksmen are people who walk in front of or behind the vehicle to move any member of the public from the contact zone with the forklift
The forklift truck driver Damian Nicholls was prosecuted by Dorset Police in November 2002 at Winchester Crown Court. A jury acquitted him of charges of Manslaughter and causing Death by Dangerous Driving but convicted him of breaching section seven of the Health and Safety at Work Act for which he was fined £400. A ban on reporting the case was imposed until after the outcome of today's prosecution.
Peter Pawlowski, Head of Consumer Protection, Borough of Poole, Tel: 01202 261 701 or Rachael Mills, Media Relations Officer, Borough of Poole, Tel: 01202 633 295
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