Caravan park cleared of manslaughter

From the archive, first published Thursday 1st Nov 2007.

The former owner of a Dales caravan park and his company have been cleared of manslaughter over the death of an employee.

Duncan Sharples, 59, died in March 2005 after a caravan weighing four-and-a-half tonnes collapsed on him at the Hawkswick Cote Park near Arncliffe.

The site's former owners, Windermere-based Lakeland Leisure Estates Ltd, and managing director Phillip Morgan, 54, had denied manslaughter.

They were acquitted after the Honorary Recorder of Bradford, Judge Stephen Gullick, told the jury to return not guilty verdicts as the evidence did not amount to a gross breach of duty.

But Morgan and the company were ordered to pay fines and costs totalling £47,500 after pleading guilty to breaches of Health and Safety regulations.

During the trial at Bradford Crown Court, it was said that Mr Sharples, from Haslingden, had been helping move a caravan when one wheel sank into soft ground.

As it was being raised using jacks, it collapsed and pinned Mr Sharples to the ground. He suffered multiple crushing injuries to his chest and spine.

Prosecutor Andrew Dallas claimed the death was caused by the "gross negligence" of the defendants. But on the 18th day of the trial Judge Gullick agreed with a submission by defence counsel Timothy Langdale QC there was insufficient evidence.

He said mistakes or errors of judgement, even very serious ones, were "nowhere near enough for the crime of manslaughter to have been committed".

"I cannot ignore the fact that Mr Sharples had been told in previous days not to go under caravans being jacked-up," he said

Judge Gullick said the methods used to move the caravan were safe providing they were followed to the letter. He told Morgan: "You were using tried and tested methods which, I am told, were and still are being used in the industry."

But there were two "departures" from those methods and that meant the defendants had failed to carry out obligations to ensure a safe working procedure was adhered to.

The judge said they were guilty of "lengthy and considerable" failure to prepare formal risk assessment documents, despite twice being advised by council officials after minor incidents at another site in Pooley Bridge, Cumbria, in 2003 and 2004.

Judge Gullick said to Morgan: "You were deficient in your operations but I accept it was not motivated by profit or a couldn't-care-less attitude. In general terms you were a good employer, took pride in your parks and were friendly towards your staff."

Mr Langdale said father-of-four Morgan had sold the parks. "Part of that decision was because he had lost enthusiasm for the work as a result of all this. There is nothing that sets Mr Morgan and Lakeland Leisure apart from other operators in terms of what they were doing that day," he said.

After the accident, around £170,000 was spent on research, development and air bags and other equipment where needed at the firm's parks.