Advanced Search

Allan Turnbull jailed for three years for manslaughter of shipyard worker

21/05/2013

Alison Norton, Specialist Prosecutor in the CPS Special Crime Division, said: "This was a tragic case in which Kenneth Joyce, a shipyard worker, died when unstable steelwork knocked over the cherry picker he was riding in, throwing him some ten metres to the ground before further steelwork then fell on top of him.

"Work in the shipyard was clearly dangerous and carried serious risks, but the real tragedy in this case is that had a safe system of work been put in place to appropriately manage these risks, Kenneth Joyce's death could have been avoided.

"As his employer, Allan Turnbull failed to ensure Kenneth Joyce's safety at work, as did North Eastern Maritime Offshore Cluster Limited and one of its directors, Christopher Taylor. These failures had terrible consequences and I hope today's sentences provide some comfort to the family of Kenneth Joyce, to whom I extend my deepest sympathies."

Background

Allan Turnbull was sentenced to three years' imprisonment for gross negligence manslaughter, contrary to common law.

He pleaded guilty to one count of failure to discharge a duty under section 2(1) of the Health and Safety at Work Act 1974 and one count of failure to discharge a duty under section 3(1) of the Health and Safety at Work Act 1974 at the start of the trial on 22 April 2013. No separate penalty was given for these offences.

Christopher Taylor, one of two directors of NEMOC, was convicted of one count of consenting to, or conniving at, the failure to discharge a duty under section 2(1) of the Health and Safety at Work Act 1974 and one count of consenting to, or conniving at, the failure to discharge a duty under section 3(1) of the Health and Safety at Work Act 1974. Taylor was fined £30,000 in total and ordered to pay £50,000 in costs.

North Eastern Maritime Offshore Cluster Limited (NEMOC) was found guilty of failing to discharge a duty under section 2(1) and section 3(1) of the Health and Safety at Work Act 1974. Because the company is now in liquidation it was fined £1 for each of these offences.

Ends

Notes to Editors

  1. For media enquiries call the CPS Press Office on 020 3357 0906; Out of Hours Pager 07699 781 926
  2. The DPP has set out what the public can expect from the CPS in the Core Quality Standards document published in March 2010.
  3. The CPS consists of 13 Areas in total, each headed by a Chief Crown Prosecutor (CCP). In addition, there are three specialised national divisions: Central Fraud Division, Special Crime and Counter Terrorism, and Organised Crime. In 2011-2012, The Department for Environment, Food and Rural Affairs (Defra), Department for Work and Pensions (DWP) and Department of Health (DoH) prosecution functions were transferred to the CPS. A telephone service, CPS Direct, provides out-of-hours advice and decisions to police officers across England and Wales.
  4. In 2010-2011 the CPS employed around 7,745 people and prosecuted 957,881 cases with 116,898 of these in the Crown Court, and the remaining 840,983 in the magistrates' courts. Of those we prosecuted, 93,106 defendants were convicted in the Crown Court and 727,491 in the magistrates' courts. In total 86% of cases prosecuted resulted in a conviction. Further information can be found on the CPS website.
  5. The CPS, together with ACPO and media representatives, has developed a Protocol for the release of prosecution material to the media. This sets out the type of prosecution material that will normally be released, or considered for release, together with the factors we will take into account when considering requests. Read the Protocol for the release of prosecution material to the media.