Judge Richard Hone’s anger at lift tragedy case
Published: 11 June, 2010
by DAVID ST GEORGE
AN Old Bailey judge has hit out at the years it took to bring the “tragic death” of a man who was crushed by a lift to court.
Experienced lift engineer Andrew Bates suffered fatal injuries while working on a refurbishment project in Mayfair on December 6 2005.
A Health and Safety Executive (HSE) investigation into the accident, which took place at an office block in Woodstock Street, dragged on.
Judge Richard Hone, QC, said “justice delayed is justice denied”, both for the loved ones of Mr Bates, 35, and his then employer, J Brown Services Ltd of West Kingsdown, Kent.
The firm, which is no longer trading, admitted breaches of safety at work codes. They were fined £20,000 with costs of £25,000.
Mr Bates was working on top of a lift at a surveyor’s firm when he was trapped on the fourth floor as an electrical short caused the lift to shoot suddenly upwards.
At the time, HSE Inspector Kevin Shorten, warned of the need to have protective features in place. He said: “The tragic events at Woodstock Street illustrate the critical importance of having sufficient protective features within a control system.
“Just one fault sent this lift out of control. Completed lifts have many protective features and this principle cannot be ignored when lifts are being constructed.”
Judge Hone said the focus on safety fell below the required standards and led to the death of a “good” worker and father of two.
The time taken to get “not a complex” case to the Old Bailey was far too long, he added, when he questioned the employment by the executive of four experts, and solicitors who spent 70 hours on the case.
Judge Hone, an acknowledged authority on similar cases, said: “It is something I have expressed a strong view about before.
“Everyone always hears what I say but nothing is done about it.”