Business owner jailed for manslaughter

Roy Clark, 50, the proprietor of North Eastern Roofing, told the court he was "haunted by the responsibility he bears" for the death in April 2003. Daniel Dennis, 17, from Pyle, Bridgend, south Wales, had been working for just seven days for Mr Clark's firm when he plunged to his death through a set of roof lights on the Matalan store in Cwmbran, near Newport.

The case made legal history when the parents of the teenage victim overturned a Crown Prosecution Service (CPS) decision not to prosecute. Peter and Anthea Dennis forced a judicial review of the CPS decision and got it quashed in 2007, the first successful case of its kind relating to a workplace death.

Clark was charged with manslaughter through gross negligence back in October last year and a trial date was set. However, on the eve of the trial at Cardiff Crown Court last month Clark admitted the charge and his case was adjourned for sentence.

Robin Spencer, prosecuting, told the court that the danger and fragility of roof lights, which could appear solid but were not, were well known among construction workers.

He added that Clark had already breached health and safety rules six years before the teenager's death. A Health and Safety Executive (HSE) inspection of a site found two workers employed by Clark standing close to a roof light with nothing to prevent them stepping out on to it. A prohibition notice was immediately issued requiring work to cease and proper safety put in place.

No training

Two years later another prohibition order was issued because insufficient steps had been taken to stop workers falling from the edge of a building at another site.

Leighton Hughes, defending, said that Clark had allowed his employers' liability insurance to lapse shortly before the accident, but had subsequently paid an out of court sum from his own pocket to the Dennis family.

Judge John Griffith Williams, passing sentence, said that Clark acknowledged he had breached the duty of care he owed Daniel Dennis. He said it had been on his instructions the day before that the teenager had been on the roof and it had been his responsibility the following day when he did it again and died.

He told Clark that a custodial sentence was necessary as a deterrent to others.

Following sentencing, HSE Inspector Dean Baker said: "This tragic case demonstrates the need for employers to take serious steps to ensure anyone working at height is properly trained, and given appropriate equipment to do their job safely.

"These measures had not been taken in this case, and Daniel Dennis was never given any training or induction for working at height."