Boss cleared of manslaughter - but dump truck trial continues
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A construction
boss has been cleared of the manslaughter of a worker who drowned
when his dumper truck plunged into a lake.
Mr Justice Akenhead directed a jury to find Edward "Jim" Day not
guilty of the charge at the end of the prosecution case.
Day, of Longfield Road, Longfield, continues to deny failing to
discharge a duty under the Health and Safety Act 1974 and
contravening a Health and Safety regulation.
Maidstone Crown Court has heard Mark Wilkin was trapped in the
truck two-and-a-half metres below the water at Buckland Lake
Reserve in Salt Lane, Cliffe, in December 2007.
Day’s company E J Construction employed Mr Wilkin, who was 45,
at the site to work on redeveloping the quarry.
The prosecution said a health and safety inspector found the
site had nothing around it which could properly be described as
protection to reduce the risk of vehicles inadvertently being
driven into the water.
The victim suffered from chronic epilepsy but only ever had
attacks at night.
Day, 53, said in evidence Mr Wilkin as a very competent worker
and good dumper driver.
The trial continues.
Thursday, March 18 2010
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