Director Jailed for Six Years

A tragic accident has resulted in a Director being found guilty of gross negligence for manslaughter.  Allan Tomson owned a company called, Building & Dismantling Contractors Limited.  Mr Tomson was found guilty of gross negligence and manslaughter and his company was found guilty of health and safety breaches.  He was sentenced to six years following a fall from height which resulted in the death of a worker.

A further defendant Michael Smith and his company, C.Smith & Sons (Rochdale) Limited, were also found guilty of health and safety offences.  Mr Smith was jailed for eight months, fined £90,000 and ordered to pay £45,000 in Court costs.

Unfortunately, a building that the two companies had agreed to demolish resulted in a worker stepping on to a skylight but this worker prevented himself from falling 30ft to the concrete floor below.  Despite this serious incident, the men on site carried out their work through that day.  The next day another member of staff fell through the skylight to the concrete floor below fracturing his spine, pelvis, right leg, heel and wrist.

Despite their colleague suffering such horrendous injuries the workmen continued to work on site at the order of the company despite, only a few hours earlier, an individual falling through the skylight and suffering horrific injuries, a further individual fell through the skylight once again later that day, suffered catastrophic head injuries and died.

This tragic case highlights the importance of ensuring that your health and safety obligations are adhered to as failing to do so can have catastrophic consequences.

Detective Chief Inspector Richard Eales said on conclusion of the case:

“It is clear from the evidence that both Smith and Tomson saw an opportunity to make a quick profit without any thought for the workers then sent them on to the roof and as a direct result of that greed Scott died and another man suffered life changing injuries.

Smith and Tomson’s remorse did not then stretch to admitting their guilt as they both tried to hide behind their companies and refused to plead guilty to the charges levelled against them personally.

Thankfully the Jury saw through their attempts and both can now face justice for the decisions they have made, decisions that have robbed one family of a loving partner, father and son and another of a man’s ability to live a life untainted by severe physical injury.”