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18/09/2017

Two Men Prosecuted After Sub-Contractor Dies In Building Fall

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Two men have been prosecuted after a sub-contractor died when he fell from the first floor of a building in Brighton.

Michael Holland, 69, a company director of Kings Road, Brighton, and Grant Oakes, 46, a site foreman of Elm Drive, Hove, each denied a charge of gross negligence manslaughter in connection with the death of 55-year-old carpenter David Clark in 2014.

The two men were sentenced to nine months in prison each. Holland was also ordered to pay £35,000 in costs, while Oakes will pay £10,000.

Lewes Crown Court heard during the trial that Mr Clark, of Dyke Avenue, Road, Hove, worked as a sub-contractor for Holland's company, Cherrywood Investments Ltd.

However, while working on a building at Stanmer Park stables, he fell 14ft to the ground through a gap in the first floor.

He was airlifted to St George's Hospital, Tooting, in a critical condition on 30 September. A month later he died at the Royal Sussex County Hospital, Brighton.

At the start of the trial, Holland pleaded guilty to an offence under the Health and Safety at Work Act 1974. In doing so he accepted that neglect on his part meant that persons on the site were exposed to risks to their health and safely when working at height. The company, Cherrywood Investments Ltd, also admitted a similar offence.
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In addition, Oakes was accused of failing to take suitable measures to prevent, as far as possible, any person working on the site, falling a distance liable to cause them personal injury. He had denied the offence but was found guilty.

Mr Clark's fiancé Beverley Clark said: "These two men had a duty of care to a man that worked for them. That man was my fiancé, that man went to work one morning and never came home again as a result of an accident that should never have occurred.

"Dave was not just a name, not just a statistic - like I feel he has been portrayed in this case. He was real. He was my partner, my love, my rock. He was a loving and devoted granddad. He was a caring and supportive father. He was a true friend to so many people and always put others needs and concerns before his own. Dave died too soon in what I feel were totally unnecessary and unfair circumstances. His loss will be felt forever."

Detective Inspector Mick Jones said: "Dave Clark went to work that fateful morning in 2014 and his partner Beverley had every right to expect him to return. However the unsafe conditions on that building site on which numerous men were working, particularly those working at height, meant that it wasn’t to be.

"I hope that these convictions send a strong message to those within the construction industry that the safety of those working on sites should be of paramount importance. Where this is not the case, the Health and Safety Executive and police will tenaciously pursue them and bring them to justice."

Image (L to R): Michael Holland, Grant Oakes

(LM)

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