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FRESH PAIN FOR CRANE DEATH MUM
Inquest halted as witnesses refuse to answer questions
A CORONER’S inquest into the death of a carpenter crushed on a Hampstead construction site was halted on Tuesday after key witnesses said they would answer ‘no comment’ if brought to the stand.
Craig Page’s fiancée was told she must now wait until next year to find out the full circumstances of how the father of her daughter died at the site in Denning Road.
Michelle O’Donoghue and little Shannon, 19 months, were at St Pancras Coroner’s Court on Tuesday morning as barristers for two men involved in the case insisted they could not answer questions in the witness box.
They have taken advice that comments given in court could be used in an investigation into their involvement on the building site still to be concluded by the Health and Safety Executive, the nationwide body of safety regulations inspectors.
No individual or company has been charged with any offence in relation to Mr Page’s death and no inquiry has found anybody at fault.
St Pancras Coroner Dr Andrew Reid had been due to hear how the tragedy unfolded in March but agreed to postpone the proceedings, telling the court that justice would be not be done unless the men contributed to the hearing.
Ms O’Donoghue’s legal team has asked for the driver operating the crane when it collapsed on top of Mr Page to give evidence.
The witnesses have a legal right to reply ‘no comment’ to questions while investigations outside of the inquest are ongoing.
John Cooper, barrister for Neil Harris, one of the site directors, said: “It’s a very serious matter for Mr Harris to give evidence knowing anything he says in court could be used as part of a [future] investigation.
“He’s been advised that were he summonsed he won’t be in a position to assist the court and will decline to answer questions.”
Stephen Climie, barrister for the crane driver – who was named in court only as Mr Willis – said: “The fact is there has been an interview under caution in which advice was given that Mr Willis make no comment to the questions put.
“We have a duty to advise our client in the event of a summons to give evidence before you: our advice was it would not be appropriate to answer questions about the circumstances about the day.”
The Crown Prosecution Service will not be pressing charges in the case but the HSE is still working on its inquiry.
Mr Page, 26, who lived in Islington with his young family, died from asphyxiation caused by chest crush injuries when the boom arm of a crawler crane collapsed across his back, pinning him to the ground.
Ms O’Donoghue’s barrister Michael Nicholson, said: “My client says she finds it difficult how a proper investigation can take place into the actual circumstances and precise mechanism without Mr Willis giving oral evidence today and being subject to challenge if necessary.”
A coroner’s review will take place in February with the possibility of the inquest going ahead later that year, depending on what the HSE does next.
Dr Reid said: “It would not be appropriate and it is not in the interests of justice to proceed with evidence today on the basis that there are a number of witnesses who would not be in a position to give evidence that without, the court cannot determine the circumstances in which Mr Page’s death arose.”
A CPS spokeswoman said: “The CPS considered a charge of corporate manslaughter against Harris Calnan Construction but found that it would not be possible to prove that the organisation was responsible for causing the death as is necessary for that offence.
“The CPS also considered a charge of gross negligence manslaughter against an employee but concluded that there was insufficient evidence to prove that the suspect was grossly negligent.” |
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