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Sentencing continues on Newbury Parkway death case





The construction giant Costain Limited was due to be sentenced yesterday (Wednesday) for safety failings surrounding the death of 41-year-old father of two, Mark Williams (pictured).
But despite a day-long hearing, mitigation continued until after 4pm.
Earlier Judge Angela Morris had apologised to Mr Williams’ mother, Shenda, saying: “I’m aware it’s now approaching three years - sentencing will be dealt with as soon as possible.”
But she indicated that it was unlikely to be completed that day.
Earlier this month a jury convicted Costain Limited of one count of failure to ensure health and safety and welfare of an employee at work, one count of exposing others to a health and safety risk, and two counts of failure to conduct a suitable and sufficient risk assessment.
Co-defendants Attleys Roofing Ltd. had faced identical charges but were acquitted on all counts.
Mr Williams was crushed to death on July 20, 2011 as the telescopic handler, or telehandler, he was operating toppled over.
The day before he died, the 41-year-old from Nuneham Courtenay, Oxfordshire, had warned that someone “was going to get killed” because of health and safety failings on site.
Deanna Heer, on behalf of the Health and Safety Executive (HSE) which brought the case, invited the judge to impose a sentence which would send a message to shareholders.
But Keith Mortoorton, for the company, reminded the hearing that Mr Williams had contributed to the tragedy by safety failings of his own, such as failing to wear a seat belt in the telehandler he was operating.
The sentencing hearing will continue on Thursday, May 8.



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