 Kenneth Farr was killed by the barrier in May 2002 |
A jury in the inquest of a father of three killed by a supermarket barrier is continuing to consider its verdict. Kenneth Farr, 37, of Penarth, died when the barrier at Asda in Cardiff Bay smashed through his car windscreen and hit him on the head in May 2002.
Coroner Mary Hassell has told the jury to consider unlawful killing among its four possible verdicts. She said she would accept a majority verdict.
The jury was sent out last week and resumed its deliberations on Monday.
The inquest has heard how the car park barrier was difficult to close and was not locked into its securing post.
The coroner told them to consider four possible verdicts: unlawful killing, accidental death, a narrative verdict and an open verdict.
Ms Hassell said the standard of proof for an unlawful killing verdict had to be "beyond all reasonable doubt".
She said that to reach this verdict: "You must decide that the behaviour was so bad as to amount to a criminal act or omission.
"The separate failure of a number of different people cannot be added together to amount to gross negligence manslaughter."
 The padlock on the barrier was broken, the inquest heard |
Mr Farr was leaving the store with his three-year-old daughter when the accident happened.
The inquest was told the barrier at the exit to the car park had not been properly secured and witnesses reported seeing it swinging in the wind.
The court has heard about two similar incidents at other Asda stores when barriers had struck cars, and in one case Asda was fined for breaching health and safety regulations.
Mr Farr was pronounced dead in hospital after being struck by the barrier as he left the Asda car park.
The manager in charge of the Cardiff Bay store told the inquest he thought the barrier was checked daily.
Barriers removed
Dennis Hughes said he took over as general store manager at Asda a couple of months after the barrier was installed, and he believed it was the job of security to make sure it was safe.
Mr Hughes said he had never seen the barrier swinging free and had not received any complaints from customers about it.
He said he now would not want to work at a store with a barrier and had one removed when he transferred to a branch of Asda in Newport.
Since the accident, all similar security barriers have been removed from Asda car parks throughout the UK, the court has heard.