Firms and manager convicted after man buried alive
Getty ImagesTwo firms and a manager have been convicted over the death of a labourer who was buried alive on a construction site.
Gheorghita Arsene, 33, died when a 10ft (3m) trench collapsed on top of him, covering him in soil, as he worked in Banstead in Surrey on 24 June 2020.
Following a trial at the Old Bailey lasting more than three months, principal contractor Appledorn Developments Limited and T Vaughan Limited were found guilty of a health and safety charge of failing to discharge their duties.
On Friday, contracts manager Anthony O'Connor, 42, of Romford, Essex, pleaded guilty to failing to discharge his duty under the Health and Safety Act 1974, which was accepted by the prosecution.
'Entirely avoidable'
Previously, a jury deliberated for 73 hours and 28 minutes and was discharged after failing to reach a verdict in relation to a charge of manslaughter against O'Connor.
Site manager Peter Wraith, 54, from New Waltham in Lincolnshire, was cleared of manslaughter and assistant site manager Gregory Peake, 51, from Bromley in south-east London, was acquitted of failing to discharge his health and safety duty.
Health and safety inspectors found there were no supports to the trench and the excavated soil had been deposited right next to it, the Old Bailey heard.
John McGuinness KC had told jurors that Arsene's death was "entirely avoidable. It should never have happened."
Judge Khan ordered a pre-sentence report and adjourned sentencing until 7 September.
The accident happened at a site on Park Road where an old care home had been demolished to make way for a new purpose-built care home.
The victim had been working to replace a damaged pipe at the bottom of the trench, which had been dug with a digger.
He had been clearing soil with a shovel and pick axe when without warning at least one of the trench walls collapsed.
His colleague on a digger had shouted a warning but Arsene only took a couple of steps before he was covered in earth.
His colleague ran for help and desperate attempts were made to get him out and clear away soil from his face and body.
Fire and ambulance crews were called to the scene but paramedics' efforts to revive him were hampered by the weight of the soil and difficulties in digging him out.
As Arsene could not be removed from the trench it was not possible to carry out chest compressions and he was confirmed dead an hour after the accident happened.
Additional reporting from PA Media.
