Chesterfield construction company TJ Beighton Ltd were fined over £35,000 after bosses admitted two charges of breaching health and safety regulations which led to the death of John Morton (19) from Underhill Road, Barlborough.

John was buried alive after the trench caved in at a building site in Carlisle Street East, Grimesthorpe.

His colleague Daniel Thompson suffered a punctured lung, fractured elbow and broken pelvis and spent three weeks in hospital.

The pair were trying to help site foreman Mark Winter install a water treatment tank when tragedy struck on July 13, 2004.

Following a six-day trial at Sheffield Crown Court, Winter (33) of Lincoln Way, North Wingfield, was cleared of manslaughter by a jury. He was fined £750 with £150 costs after admitting a health and safety charge.

Richard Palmer (36) of Worrall Drive, Worrall, was ordered to pay a £2,500 fine and costs of £1,000 and TG Beighton was also ordered to pay £10,000 costs as well as a £35,000 fine after admitting health and safety charges.

'Let down'

John's father, Clive, said after the case: "We feel badly let down by the justice system. It appears that in the eyes of the law life is cheap.

"We have lost the most precious person in our lives and they haven't really been punished."

Jeremy Baker QC told Sheffield Crown Court the company did not have proper equipment on site, that health and safety training was inadequate and the risk assessment carried out by the company was not sufficient.

Mr Baker said half an hour before the incident Winter was warned by colleague Jethro Heathcote not to let anyone go down to the 10ft deep trench because it was unsafe.
He also told the court the company had been issued with two previous HSE prohibition notices after similar faults were found on other jobs.

Dave Bradley, HSE inspector, said: "This tragic incident was entirely preventable. The precautions to be taken at excavations are well known in the construction industry."