Loudon Castle operators cleared in death of employee

[snoflake15]

Found this report on the case - a wee bit of legal stuff but may be of interest to someone.

 

Operators of Loudon Castle Theme Park acquitted in Health and Safety Prosecution by Compass Chambers

On 10 October 2009 after a 10 day Sheriff and Jury trial at Kilmarnock Sheriff Court, Parkware Limited, operators of Loudoun Castle Theme park were found not guilty of a contravention of section 2 of the Health and Safety at Work Act 1974.

The prosecution followed the death in July 2007 of an employee of the company who had tried to activate a rollercoaster car by pushing it when it stalled at the start of the ride. When the ride commenced he failed to let go of the back of the car and was eventually thrown off sustaining fatal injuries.The case provided a classic example of the reverse burden of proof in such prosecutions as highlighted in the House of Lords case R v Chargot resulting in the company requiring to establish on a balance of probabilities that it had taken sufficient steps to ensure the health safety and welfare of its employees.The other notable feature of the case was that at the end of the trial and in the presence of the jury, the HSE Inspector who was in charge of the case was found guilty of contempt of court as a result of her behaviour in court and her behaviour towards a defence witness