Andrew Winterton, 52, site manager and director of Conquest Homes, was convicted of gross negligence manslaughter at Northampton Crown Court. He was sentenced to four years in jail with costs of £90,500. He will spend two years in custody and another two on licence.
In addition, 48-year-old Dean Wortley of Market Deeping, Lincolnshire, who traded as Clearview Demolition, was convicted of a failure as a self-employed person to discharge his duty to ensure the health and safety of persons not in his employment, contrary to section 33(1a) of the Health and Safety at Work Act 1974.
He was also found guilty of failing to take all practicable steps to prevent danger, contrary to Regulation 31 of the Construction (Design and Management) Regulations 2007. He was given a 12 month sentence and will spend six months in custody and six months on licence. He was ordered to pay £20,000 in costs.
Both Mr Winterton and Mr Wortley were convicted following a joint investigation by Northamptonshire Police and the Health and Safety Executive.
-- Advertisement --
During the nine-week trial, the court heard how Shane Wilkinson, formerly of Victory Gardens, Crowlands, Peterborough, was employed as a grounds worker at the Conquest Homes building site in Collyweston on 04 September 2014.
On that day, Mr Wilkinson had been standing next to a deep trench that had been incorrectly excavated by trench digger-driver Mr Wortley. An unsecured trench wall collapsed, completely burying Mr Wilkinson underneath the rubble. Despite efforts of co-workers to recover him, Mr Wilkinson was pronounced dead at the scene.
The court heard evidence which showed the sides of the trench had not been properly or adequately secured and that Wortley and Winterton had ignored basic safety measures resulting in convictions against both men for significant and serious breaches of health and safety legislation.
Senior investigating officer, Detective Superintendent Steve Woliter from Northamptonshire Police said: "As a single parent of five young children Shane Wilkinson had only been working on the Collyweston construction site for a couple of days during the early part of September 2014 because he needed money to buy school shoes for his children.
"His death was an avoidable and terrible loss of life due to the gross negligence of Winterton and the dangerous environment created by both him and Wortley.
"Shane's death could easily have been avoided if Winterton and Wortley had shown any regard for basic safety measures on the site.
"No sentence imposed will ever turn back time for Shane or his family, however I do hope this sentence sends out a clear message to others that adequate safeguards must be put in place to prevent people from harm.
"This is the first case of gross negligence manslaughter to have been successfully tried in Northamptonshire so my extended thanks go to the tenacity of the overall prosecution team since 2014."
Image: Shane Wilkinson.
(LM)
