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29 August 2005 - Transco Fined 15 Million
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The six year case against the gas company Transco was concluded
last week with the Judge, Lord Carloway, imposing a £15million fine for gross
safety breaches under the 1974 Health and Safety at Work Act, in which the jury
found Transco guilty of causing the deaths of Andrew Findlay 34, his Wife
Janette 37, Daughter Stacey 13 and Son Daryl 11, in a massive explosion at their
home in Larkhall in 1999.
The £15million fine is the largest fine ever imposed on a
company.
Colin Boyd QC wanted a prosecution of culpable homicide to be
brought against Transco, as he said they had shown "a complete and utter
disregard for the safety of the public."
However, the call for the first "corporate killing" trial in
Scotland in which an individual director or employee of Transco would be named
was dismissed, after the company managed to persuade judges on appeal.
The charge was then one taken under the 1974 Health and Safety
at Work Act, which would hold an unlimited fine upon conviction.
The gas explosion in Larkhall was caused by the corrosion of
ductile iron piping which had not been replaced by polyethylene piping.
It had been known for a number of years that ductile iron piping
was corrosive in certain types of soil, but Transco plans had not shown this
area to have ductile iron pipes in operation. Even after numerous
reports from residents in Larkhall, of gas escapes, Transco took no steps to
investigate the extent of corrosion which may have been the cause of such
reported gas escapes. Transco's records were in such disarray, that
they could not be believed with accuracy.
During the trial, Transco had tried to lay the blame on an
internal pipe leak, which would have shown them not to be the responsible party.
However, Lord Carloway said of this attempt to lay the blame
elsewhere:
"Despite overwhelming evidence to the contrary, including the
views of their own employees on site after the explosion there was no evidence
at all in this case that such an internal leak had occurred.
"That aspect of the defence by the company serves only to
demonstrate that the corporate mind of Transco has little or no remorse for this
tragedy which, they ought at least now to accept, was exclusively their own
creation."
Lord Carloway also said:
"During the period up until the explosion at Larkhall,
substantial sections of the public were exposed to significant danger from
corroded and corroding ductile iron mains in close proximity to their homes and
workplaces.
"Transco were well aware that sections might already be
corroded and that this could cause a leak and result in a serious incident,
potentially involving multiple fatalities. That, of course, is precisely what
did happen in 1999 when the explosion killed the entire Findlay family."
Advocate Depute, Frank Mulholland QC, in his closing speech to
the jury said:
"That from 1988 until the Larkhall tragedy, Transco had
replaced a derisory amount of ductile iron, far less than was required to deal
with the problem.
"The public trusted Transco to respond appropriately when
they realised their mains were unsafe. They also trusted Transco to have
accurate records of what they had in the ground. In this case, it is quite clear
that this trust was misplaced. This was an accident waiting to happen."
A statement was issued by the Relatives of the Findlay family saying:
"We are pleased with today's verdict which means Drew, Janette, Stacey
and Daryl can now rest in peace. They remain forever loved and forever missed.
"The verdict does not change the fact that our two families will never
be the same. However, we take some small comfort from the hope this verdict
brings, that no other family should ever suffer as we have. We only ever
wanted truth and justice."
Article by Alexandra Johnston
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