Jury Returns Conclusion of Unlawful Killing in Health & Safety Inquest

Lewis MacDonald acted for the family of Peter Konitzer, who died on 24 August 2016 when the south west wing wall at the Top Lock in Pewsham collapsed on him. Mr Konitzer was working as a volunteer on canal restoration work for the local Canal Trust. He had no construction training.

The CPS declined to bring a prosecution for homicide, but the Canal Trust pleaded guilty to an offence contrary to section 3 of the Health and Safety at Work Act 1974. An inquest was held with a jury after the conclusion of the criminal proceedings. The Trust were represented by King’s Counsel throughout.

The jury heard evidence over two weeks from workers on the Top Lock project, from those holding management roles at the Trust, and from a construction expert at the Health & Safety Executive, who identified multiple breaches of the Construction (Design and Management) Regulations 2015. The expert gave evidence that volunteers were working on a project that they were not sufficiently competent for, without competent supervision, and without sufficient direction in the form of a task specific risk assessment, a written work method, or a schedule of temporary works. Volunteers excavated behind wing walls that were hundreds of years old, leading to a position where the walls could have collapsed at any time prior to their reinforcement with concrete. There was no clear system for the installation or removal of props in the excavations, such that on 24 August 2016 Mr Konitzer seemingly entered the excavation to remove props prior to the filling in of the excavations with concrete. When he did so the wall collapsed on him. He died from his injuries at the scene.

After hearing competing submissions the Coroner left the conclusion of Unlawful Killing open to the jury on the basis of the offence of Corporate Manslaughter, along with the short form conclusion of Accident and a narrative conclusion. The jury returned a unanimous conclusion of Unlawful Killing.

The Coroner indicated an intention to notify the Director of Public Prosecutions, and to make a Preventing Future Deaths report to the Health & Safety Executive, with copies to be sent to relevant canal restoration organisations.

Lewis MacDonald acted for the family of Peter Konitzer at the Inquest. Iain Daniels assisted the family prior to the Inquest.