Two companies and a manager have been convicted following the death of a construction worker who was buried alive when a trench collapsed on a building site in Surrey.
The Fatal Incident
Gheorghita Arsene, 33, known as Geo, died on 24 June 2020 while working on a site at Park Road in Banstead. An old care home had been demolished to make way for a new purpose-built facility. Mr Arsene was at the bottom of a 10ft deep trench, dug with a three-tonne digger, to replace a damaged pipe. He was clearing soil with a shovel and pickaxe when, without warning, one or more of the trench walls collapsed. His co-worker on the digger shouted a warning, but Mr Arsene only managed a couple of steps before being covered in earth.
Rescue Efforts
Colleagues ran for help and desperately tried to free him, clearing soil from his face and body. Fire and ambulance crews arrived, but paramedics struggled to revive the Romanian national due to the weight of the soil and difficulties in digging him out. Because he could not be removed from the trench, chest compressions were impossible, and he was pronounced dead at 2.44pm, an hour after the accident.
Health and Safety Failures
Health and safety inspectors found the trench had no supports, and excavated soil was deposited right next to it. At the Old Bailey, prosecutor John McGuinness KC told jurors: "The prosecution case is that George's death was entirely avoidable. It should never have happened."
Convictions
Following a trial lasting over three months, principal contractor Appledorn Developments Limited and T Vaughan Limited were found guilty of failing to discharge their duties under health and safety law. On Friday, contracts manager Anthony O'Connor, 42, of Romford, Essex, pleaded guilty to a similar charge, which was accepted by the prosecution. Previously, a jury failed to reach a verdict on a manslaughter charge against O'Connor after 73 hours and 28 minutes of deliberation.
Site manager Peter Wraith, 54, from New Waltham, Lincolnshire, was cleared of manslaughter, and assistant site manager Gregory Peake, 51, from Bromley, south-east London, was acquitted of failing to discharge his health and safety duty. Judge Judy Khan KC ordered a pre-sentence report and adjourned sentencing until 7 September.
