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| Thursday, 23 March, 2000, 19:48 GMT Relatives win crane death review ![]() Campaigners are demanding "justice" for Simon's family The family of a casual worker killed on his first day at work have won a High Court battle to bring manslaughter charges against his employers. The Director of Public Prosecutions (DPP) has been ordered to reconsider his decision not to bring charges. Simon Jones, 24, was partially decapitated by a crane grab as he helped to unload a ship loaded with cobbles at Shoreham Docks, near Brighton, in April 1998. 'Historic breakthrough' His family sought a judicial review of the decision by the Crown Prosecution Service not to prosecute Dutch-owned Euromin Limited. George Galloway MP, who raised the case in Parliament, said the ruling was "a historic breakthrough in establishing corporate responsibility for the fate of employees to whom they owe a duty of care - a duty too many employers have dodged".
Two High Court judges ruled that the DPP, David Calvert-Smith, should reconsider the decision. Lord Justice Buxton, sitting with Mr Justice Moses, said senior CPS official, Stephen O'Doherty, had found Mr Martell "negligent in his failure to set in place a safe system of work", and there was sufficient evidence for a prosecution against him and Euromin under the 1974 Health and Safety at Work Act. The judges ruled that the CPS had "not properly addressed the law" when they decided there was no realistic prospect of a successful prosecution for manslaughter on the grounds of gross negligence. Mr Jones's MP, Labour's Ivor Caplin, welcomed the ruling and said: "Corporate entities should be accountable and if that means prosecution then the CPS should be prepared to take action."
Simon's father Chris, from Banbury, Oxfordshire, said of the ruling: "It's wonderful news. We hope that the CPS will look at it again and will go ahead and prosecute. 'Matter of urgency' "That's all we have ever asked - that this case is brought to trial for a jury to hear the evidence." A CPS spokesman said: "We will be studying the judgment as a matter of urgency. "Our decision not to prosecute was taken only after careful review by a senior CPS lawyer and on the advice of leading counsel." A spokesman for the Centre for Corporate Accountability, which backed the Jones family, said: "This case has serious implications in relation to all decisions made by the CPS not to prosecute directors or senior company officers in relation to workplace deaths." A spokesman for Euromin told BBC News Online: "We have no comment to make." |
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