Date: 18th March 2011

Three fire service managers are to face charges of gross negligence manslaughter over the deaths of four colleagues in a warehouse blaze.

The Crown Prosecution Service has today (28 February) announced it has sufficient evidence to charge Paul Simmons, Adrian Ashley and Timothy Woodward, who were all acting as incident commanders for Warwickshire Fire and Rescue at the time.

Watch manager Ian Reid and firefighters John Averis, Ashley Stephens and Darren Yates-Badley all died in the incident at Atherstone-on-Stour in November 2007.

The bodies of Averis, Stephens and Yates-Bradley were found in the remains of the scene. Reid died later in hospital. 

Warwickshire County Council also faces a charge of failing to ensure the safety of its employees, under Section 2 of the Health and Safety at Work Act.

Michael Gregory, reviewing lawyer in the CPS Special Crime Division, said: “Following a thorough investigation by Warwickshire Police and the Health and Safety Executive, I have reviewed the evidence in this case very carefully and have decided there is sufficient evidence and it is in the public interest to charge Paul Simmons, Adrian Ashley and Timothy Woodward with gross negligence manslaughter.”

“Mr Simmons and Mr Ashley were watch managers and Mr Woodward was a station manager at the time of the fire, but they all acted as incident commanders before, during and after their colleagues were sent into the burning building.

“In that role, they were responsible for making the operational decisions while their colleagues tried to put out the fire. 

He added: “I have also decided that there is sufficient evidence for a realistic prospect of conviction against Warwickshire County Council for failing to protect the health and safety of its employees and that it is in the public interest to prosecute.”

Nine other individuals, who were investigated by Warwickshire Police, have been told there was insufficient evidence to take any action against them.

The defendants will appear at Leamington Spa Magistrates’ Court on 1 April.

The CPS provided advice to Warwickshire Police and the HSE during their investigations. Warwickshire Police passed a file of evidence to the CPS in August 2010 and submitted an outstanding expert report at the end of October 2010.

The CPS received further expert advice at the end of January 2011, and received advice from a Queen’s Counsel on 14 February before reaching its decision.

No evidence relating to any suspects deliberately starting the fire was received by the CPS from police.

Source - www.healthandsafetyatwork.com