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4 year until charges were brought.....

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bernicarey
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4 year until charges were brought.....

Post by bernicarey »

Almost 4 years ago, a few days before Christmas 2016, this incident occurred only a few miles from where I reside. Two very preventable deaths.
https://www.bbc.co.uk/news/uk-england-l ... e-38505050

I've been keeping a check every few months on the state of the 2 inquests, which are still adjourned.
The company involved is being would up at Companies House, but has recently changed name and ownership....

The breaking news this afternoon:
Greenfeeds Ltd has been charged with two counts of corporate manslaughter and failing to discharge a duty under the HSWA.
2 employees are charged with two counts of gross negligence manslaughter
1 Director is charged with a breach of section 2(1) of the HSWA

https://www.bbc.co.uk/news/uk-england-l ... 674D484DA4

I will be following this with interest...
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Re: 4 year until charges were brought.....

Post by Andyblue »

FOUR years to investigate and make a decision! It would be so interesting to read the investigator’s notes to understand how it has taken that long. It’s of no benefit to anyone to take that long
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Re: 4 year until charges were brought.....

Post by Messy »

And that timescale was before Covid!
In my experience, the world corporate world has slowed down this year with organisations running with 60% of staff working from home, limited face 2 face or site meetings etc.

Four years is a scandal. Sure one of the main goals of a HSE investigation is to prevent similar occurrences- Four years doesnt give much of a message this incident has been given much priority 😒
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Re: 4 year until charges were brought.....

Post by Chief White Halfoat »

You don't have to be an expert in the field of prosecutions to know that 4 years is ridiculous
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Re: 4 year until charges were brought.....

Post by bernicarey »

From what I have picked up locally, including speaking to someone who worked there, the whole site was a disaster waiting to happen, with a history of planning breaches and a previous accident.

It was previously a Pig Farm.
Around 20111, there was an "Application for a Lawful Development Certificate for an existing use" made to get retrospective planning permission to turn it into a plant manufacturing animal feed from waste human food/drink; on the basis they had been doing so without Planning Consent for 10 years or more. So they've been up to no good for 20+yrs.
It had to be granted because they had got away with it for so long.
And there's other stuff that I've discovered too that's a matter of public record. There was a previous incident of a worker losing an arm on a tractor PTO shaft.

It's frustrating that the authorities can't link it all together to make it a Slam Dunk case, which is why it's taken so long I imagine.
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Re: 4 year until charges were brought.....

Post by bernicarey »

Chief White Halfoat wrote: Fri Dec 18, 2020 1:54 pm You don't have to be an expert in the field of prosecutions to know that 4 years is ridiculous
That's not particularly long. I've seen one that took 10 years.
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Re: 4 year until charges were brought.....

Post by bernicarey »

I just thought I'd post an update on this case.

In April this went to the Crown Court to enter pleas.

Greenfeeds Limited denied two counts of corporate manslaughter and an offence under the Health and Safety at Work etc Act
Stewart Brown, 67, of Fernwood Close in Mansfield, Nottinghamshire, pleaded not guilty to two counts of manslaughter by gross negligence and an offence under the Health and Safety at Work etc Act
Gillian Leivers, 59, of Fosse Road in Newark, Nottinghamshire, denied two counts of manslaughter by gross negligence.
She and Ian Leivers, 58, of the same address, also pleaded not guilty to a breach of the Health and Safety at Work etc Act

They go to trial in April 2022, but the company is already in voluntary liquidation and the business has been sold on. :roll:
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Re: 4 year until charges were brought.....

Post by bernicarey »

And the final update on this case. Both reports are a worthwhile read.
https://www.leics.police.uk/news/leices ... employees/


Greenfeeds Ltd was fined a total of £2million after being found guilty of two counts of corporate manslaughter. The company had previously pleaded guilty to failing to discharge a duty under sections 2(1) of the Health and Safety at Work Etc. Act 1974 in that Greenfeeds Ltd being an employer within the meaning of the Act failed to ensure, so far as was reasonably practicable, the health, safety and welfare at work of its employees.

Gillian Leivers, 60, of Fosse Road, Newark, was sentenced to a total of 13 years imprisonment after being found guilty of two counts of gross negligence manslaughter. Gillian Leivers was also found guilty of a breach of section 2(1) of the Health and Safety at Work Etc. Act 1974 by virtue of section 37(1) in that the offence by the company was committed with her consent, connivance or attributable to her neglect. Gillian Leivers was also disqualified for being a company director for a period of 15 years.

Ian Leivers, 59, of Fosse Road, Newark, was sentenced to 20 months imprisonment after being found guilty, as a director of Greenfeeds Ltd, with a breach of section 2(1) of the Health and Safety at Work Act 1974 by virtue of section 37(1) in that the offence by the company was committed with his consent, connivance or attributable to his neglect. Ian Leivers was also disqualified from being a company director for a period of 10 years.

The firm’s transport manager Stewart Brown, 69, of Forest Road, Mansfield, was sentenced to one year imprisonment suspended for two years after being found guilty under section 7(a) of the Health and Safety at Work Etc. Act 1974 in that being an employee at work, he failed to take reasonable care for the health and safety of others, who might be affected by his acts or omissions at work. Brown had also been charged with two counts of gross negligence manslaughter. He was found not guilty of these two counts following the trial.



The company pleading guilty to H&S breaches was a complete ploy, it was already in liquidation.
It was good to see the principal director get her just deserts.

From the BBC coverage "The court heard there was "pandemonium" after Mr Walker fell into the semi-liquid pig feed, with the Leivers' son also at one point attempting to rescue before using a ladder to climb out of the tanker when he could not breathe.
"Without that, he too would probably have died in the tanker," the judge said"

So because of their greed and a complete disregard of health & safety, they nearly lost their own son too.!!

https://www.bbc.co.uk/news/uk-england-l ... e-61824263
www.belvoirsafety.co.uk

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