Pig farm prosecuted in Northern Ireland's first ever Corporate Manslaughter conviction

A pig farmer in Northern Ireland has been fined £187,000 in the region's first successful prosecution for corporate manslaughter.

JMW Farms Limited (Co. Armagh) has been fined a record £187,500, plus £13,000 costs, at Belfast's Laganside Crown Court for health and safety failings that led to the death of 45-year-old employee Robert Wilson.

The company is the first in Northern Ireland to be convicted under new Corporate Manslaughter legislation. Under this legislation, companies and organisations can be found guilty as a result of serious management failures resulting in a gross breach of a duty of care.

The judgement follows a joint PSNI and Health and Safety Executive (NI) investigation into the fatal incident, which took place on a pig farm owned by JMW Farms Limited at Tynan, Co Armagh, on 15th November 2010.

Mr Wilson, who was working at the meal-mixing plant on the farm, was killed after being struck by a metal bin which fell off a forklift. The forklift was being driven by Mark Wright, one of the company directors. The investigation revealed that the bin had not been attached or integrated with the forklift. It was also revealed that it was not possible to insert the lifting forks into the sleeves of the bin as the forks were too large and incorrectly spaced.

Following the hearing, Louis Burns, HSENI Acting Deputy Chief Executive, said: "This case highlights the importance of managing health and safety in the workplace and demonstrates the terrible consequences of not doing so. The judgement sends a clear message to the Directors in Northern Ireland, whether of a small or large organisation, that they should take health and safety seriously. This new Corporate Manslaughter legislation clarifies the criminal liabilities of companies where serious failures in the management of health and safety result in a fatality. I would therefore urge anyone with a managerial or a supervisory role to ensure that proper management and control systems are in place to prevent another needless death from occurring."

PSNI Detective Chief Inspector, Stephen Wright, added: "This was a joint investigation between the PSNI and the Health and Safety Executive (NI) and should send a clear message that there is no hiding place for anyone that breaks the law. Robert Wilson lost his life as a result of this incident and we hope that this conviction is a stark reminder that legislation is there for a reason. We will continue to work with partner agencies to tackle and address all crime."

Commenting on the prosecution Paul Verrico, Principal Associate and Solicitor-Advocate at international law firm Eversheds, said:

“This is only the second case of its kind in the UK following the introduction of new legislation in 2008. Both of the companies convicted so far have been small in size; directors have been involved in the actual incident; fines have been below the £500,000 minimum anticipated by the Sentencing Guidelines Council in February 2011 and no directors have been convicted alongside the companies that they work for.

“Nevertheless the fine may prove difficult for the company, which only turned over £1 million last year, to repay. When the fine is considered against the business' turnover it serves as a salutary warning that where companies are seen to have grossly failed their duty of care and death ensues due to senior manager neglect, the penalty can be severe. All eyes will now be on the second prosecution in England which is due to be heard in June 2012 where Lion Steel Equipment Limited are charged with Corporate Manslaughter and three individual directors face charges of gross negligence manslaughter. The Attorney General recently commented that there are in the region of 50 cases under referral to the Special Crime and Counter Terrorism Division where Corporate Manslaughter is one of the offences under consideration - so the messages to UK Business is 'be on guard' to avoid being in a similar predicament to JMW Farms."