The acquittal of an engineering company is secured after a successful submission of no case to answer
Mark Balysz has secured the acquittal of an engineering company after a successful submission of no case to answer at Swansea Crown Court. The company was charged with breach of s.2 HSWA after an employee was seriously injured having been struck with a metal scaffold which had been inadvertently inserted into an industrial mixer at the Tata Port Talbot Steel works. The prosecution case was put on the basis that a guard had historically been removed from the mixer and should have been replaced. The Court agreed with the submission that the absence of the guard did not give rise to a material risk and directed the jury to return a verdict of not guilty. The co-defendant Tata had previously pleaded guilty to ss.2 and 3 HSWA.
Mark was instructed by Steve Mundy at Morgan La Roche Solicitors.