Reading man fined £191,000 after Calcot man's 2012 death

Mervyn Owens, aged 58, of Gordon Place, Reading, appeared at Winchester Crown Court for sentencing yesterday, after pleading guilty in December to a charge of failing to discharge a health and safety duty.
The company Mobile Sweepers, which he co-owned with his wife Mary and which ceased trading on March 6, 2012 - the day of the accident, was charged with corporate manslaughter.
The accident involved Malcolm Hinton, aged 56, of Calcot, a casual worker for the company, who was crushed to death by the hopper of a 14-year-old Scarab road sweeper, owned by Mobile Sweepers (Reading) Ltd, whilst attempting to repair it at Riddings Farm, Goose Hill, Headley - the company’s north Hampshire operating base.
Mobile Sweepers, said Judge Guy Boney QC, had been, he said: “Run on a shoestring with minimal, if any regard for health and safety and no regard for maintaining the machines, or for any training in operating them,” and continued:
“The motivating factor seems to be an active policy of sacrificing repairs to maximise profit,” adding;
“The conduct of the company and Mr Owens were indivisible, Mr Owens was the company.”
Before pronouncing sentence, Judge Boney had been he said: “Moved and deeply saddened,” by a written statement provided by Patricia Hinton, Mr Hinton’s widow and had read it many times.
Mr and Mrs Owens owned a matrimonial home in Reading and two other rental properties, the value of which was taken into account by Judge Boney, in imposing the fine.
Judge Boney reduced a total fine of £287,000 by a third, to take into account the guilty plea and remorse of Mr Owens, who had been friends with Mr Hinton for 15 years.
However Judge Boney pointed out had Mobile Sweepers been a larger company the fine would have been far greater:
“So serious are the aggregating factors that if this were a large company with a large turnover the fine would be between £500,000 and £1m and closer to the second,” said Judge Boney.
Mr Owens set up a new company, Owen Sweepers Ltd, after Mobile Sweepers ceased trading, with two road sweeping machines and no employees other than himself, the court heard.
He was also ordered to pay the fine within 12 months, or face a three year jail sentence.
Mobile Sweepers, which provided road sweeping services to housing developments - including new developments - was also subject to a publicity order, meaning that notices worded by Judge Boney detailing the case would be placed in various local newspapers - including Newburytoday’s sister paper, The Newbury Weekly News.
Speaking after the sentencing, Health and Safety Executive Principal Inspector Steve Hull, said:
“Malcolm Hinton’s tragic death was wholly avoidable had Mobile Sweepers (Reading) Limited and company director Mervyn Owens ensured that the raised hopper of the road sweeper vehicle, which weighed over half a tonne, was safely propped as he worked underneath.”
HSE records show that 22 fatalities have occurred over the past ten years alone due to inadequate propping when working beneath vehicles, or vehicle bodies.
Update Thurs 2.25pm
Following yesterday's (Wed) sentencing, Hampshire Constabulary today (Thurs) issued the following statement :
Det Sgt Glyn White said: "This was an extremely tragic case in which Malcolm Hinton lost his life in quite avoidable circumstances.
“Throughout this lengthy investigation, Hampshire Constabulary worked closely with the Health and Safety Executive and the Crown Prosecution Service to ensure this case was brought to court and dealt with appropriately.
“No sentence can compensate the Hinton family for their loss and suffering, however today’s outcome reflects the seriousness of this case. Mobile Sweepers Ltd has been convicted and fined for the offence of corporate manslaughter under the 2007 Corporate Manslaughter and Corporate Homicide Act.
“This conviction should send out a message to all small limited companies with a hands-on senior management structure, that they are vulnerable to prosecution if their health and safety systems are inadequate or not enforced."