Guardian News
'Gates were a death waiting to happen'
1:16pm Wednesday 22nd February 2012
A BUSINESSMAN is standing trial for manslaughter after a father-of-three was crushed to death by an electric gate at work.
Bernard Rowson, 58, was killed after he became trapped underneath a large metal gate on Winsford Industrial Estate, in May 2009.
Haulage company, S Cooper and Sons had moved onto the site, in Road Three, just a week before the tragedy.
The company had agreed a six month lease with the owner and developer Kenneth Thelwall,49, of Mablins Lane, Crewe, who is now standing trial at Chester Crown accused of manslaughter as a result of gross negligence.
On Monday, the court heard how Thelwall, of Thelwall Developments, had bought the land from Vale Royal Borough Council before building a large warehouse on it.
Two new entrance gates were installed – on Road One and Road Three. The gates were designed by Thelwall himself – who personally prepared the drawings.
However, work on the gates was never completed. Neither gate had any stop ends – on one, two breeze blocks had been used instead.
No power box was ever installed for the electrification of the gate in Road Three and both gates moved in the opposite direction indicated on the original plans.Prosecuting, Nigel Lawrence told the court: “The defendant knew at the time of the lease that that the gates were not finished and that the end stops had not been fitted.
“He failed to notify the occupiers that the gates were not safe. He left those that were using them to find out for themselves.
“The gates posed a serious risk of death and the defendant just left them.
“They were huge and extremely heavy. If they fell they were they were likely to result in death- we are not dealing with something you wouldn’t expect in a million years.
“This is not just a momentary lapse. The defendant displayed complete indifference to the safety of others.”
Mr Rowson, a training manager, had been with the Nat Lane haulage firm for 24 years. He started his career as driver before becoming a warehouse manager and trainer.
On the day of his death he had arrived at the site with a colleague, who had attempted to open the gate in Road Three.
When Mr Rowson saw his colleague struggling he got out of his vehicle and the pair attempted to open the gates together. One of the gates disconnected and it started to fall.
Mr Rowson was crushed under its weight. He died in hospital after suffering severe internal injuries.
The trial continues.