Charging advice

CPS East of England advises charges over death of Lee Balkwell

25/11/2013

CPS East of England has authorised the Serious Crime Directorate of Essex Police and Kent Police to charge Simon Bromley, 44, with the manslaughter of Lee Balkwell, 33, who died when trapped between the drum and chassis of a cement mixer in Upminster, Essex, on 18 July 2002.

Nick Staite, Special Casework Lawyer in the East of England Complex Casework Unit, said: "Simon Bromley has been charged with one count of manslaughter and one offence under the Health and Safety at Work Act. The offences are alleged to have occurred while Mr Balkwell was working at Baldwin's Farm, Denisses Lane, Upminster.

"Details of the charges are:

  • Simon Bromley, on 18 July 2002, unlawfully killed Lee Balkwell.
                            Contrary to Common Law
  • Simon Bromley, between 16 July 2002 and 19 July 2002, being an employer within the meaning of the Health and Safety at Work etc. Act 1974 ('the Act'), failed to discharge the duty imposed on him by section 2 (1) of the Act, in that he failed to ensure, so far as was reasonably practicable, the health and safety at work of his employee, Lee Balkwell, in relation to the risks arising from the gunning out of the inside of a Hymix concrete mixer.

                      Contrary to s.33(1)(a) Health and Safety at Work etc. Act 1974


"This decision was taken in accordance with the Code for Crown Prosecutors. I am satisfied there is sufficient evidence and it is in the public interest for this case to be brought to court.

"Simon Bromley now stands charged with a criminal offence and has the right to a fair trial. It is extremely important that nothing should be reported which could prejudice this trial."

Simon Bromley will appear before Basildon Magistrates' Court on 27 January 2014.