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FIRE SAFETY => Fire Alarm Systems => Topic started by: Toddy's best friend on March 25, 2011, 09:27:20 PM

Title: Prosecution of fire alarm contractor abandoned at Crown Court
Post by: Toddy's best friend on March 25, 2011, 09:27:20 PM
http://www.info4fire.com/news-content/full/prosecution-of-fire-alarm-contractor-abandoned-at-crown-court

This should be of interest to maintenance contractors.
Title: Re: Prosecution of fire alarm contractor abandoned at Crown Court
Post by: kurnal on March 25, 2011, 10:57:21 PM
Indeed. But can someone please explain on what basis the proposed charges were brought or the basis for the defence?
We know the detail of the Manachester case recently and some might argue that the engineer  involved in that case was unfortunate to have been found guilty  and perhaps had he employed an expert witness the outcome may have been different. It would help us to know the technical issues over which the fire and rescue service had initially considered bringing charges and the reasons for their withdrawal in this case. Please.
Title: Re: Prosecution of fire alarm contractor abandoned at Crown Court
Post by: CivvyFSO on March 28, 2011, 10:29:16 AM
I think that simply knowing on what basis Lancs were trying to hold the contractor responsible would be helpful.
Title: Re: Prosecution of fire alarm contractor abandoned at Crown Court
Post by: Allen Higginson on March 28, 2011, 10:26:30 PM
Would that be a ducking stool that I'm starting to see??
Title: Re: Prosecution of fire alarm contractor abandoned at Crown Court
Post by: colin todd on March 30, 2011, 11:17:32 PM
I dont get that Buzzy?
Title: Re: Prosecution of fire alarm contractor abandoned at Crown Court
Post by: Allen Higginson on March 30, 2011, 11:59:48 PM
I dont get that Buzzy?
Oh,that age old past time of ducking the witch - by that I mean prosecutions brought under the guise that it's open season on the maintenance companies and their personnel.
Title: Re: Prosecution of fire alarm contractor abandoned at Crown Court
Post by: colin todd on April 22, 2011, 06:38:10 PM
Indeed. But can someone please explain on what basis the proposed charges were brought or the basis for the defence?
 Please.
No, Kurnal they cannot.  It never does to "Daily Mirrorise" issues such as these on these boards, as it inevitably leads to shoot from the hip rants by various people about lawyers, fire and rescue authorities or contractors, all based on inadequate or incorrect information that "I read in the Sun......"

A little knowledge is a dangerous thing.  Best just to be happy, Kurnal, that, as a taxpayer, you paid for all of the contractor's costs, including expert witness fees.
Title: Re: Prosecution of fire alarm contractor abandoned at Crown Court
Post by: Wiz on April 26, 2011, 09:34:23 AM
Prof., we are all mushrooms.

Kept in the dark and fed bullsh*t!

I, as a taxpayer who unwillingly funded the case, feel that I have some small right to know precise details of the accusation and the precise details of the defence that resulted in the accused being found 'not guilty'.

Does anybody know where can I find this information?
Title: Re: Prosecution of fire alarm contractor abandoned at Crown Court
Post by: David Rooney on April 26, 2011, 05:53:25 PM
Is it just me ?

What is the point of printing half the story ?

The Brigade brought the prosecution.... but we don't know why.

The prosecution got dropped presumably because it was pointed out there were too many holes in the case - but we can't be sure.

The contractor claims total vindication - so was he doing things right or get off on a technicality?

Someone somewhere along the line didn't know what they were talking about and cost all of us a lot of money.

Have they been sacked / re-trained / reprimanded / put out to pasture ?

What has actually been learned by anyone involved, and from my point of view, what can I learn as a system maintainer as to how to cover my back so as not to face a similar court appearance should I ever be unfortunate to be in a similar situation unless the information surrounding the case is made available?

I thought prevention was better than prosecution?
Title: Re: Prosecution of fire alarm contractor abandoned at Crown Court
Post by: AnthonyB on April 26, 2011, 10:11:16 PM

Does anybody know where can I find this information?

Because it never got tried I would very much doubt it beyond what was said at the Magistrates Court and it looks like this was just entering a plea against the charge and as triable either way & going to Crown no evidence would have been heard.
From an information point of view it would have been nice for it to go all the way and get a not guilty as all the details would be in the public domain, but the cost to the Crown as a result far greater, so if they realised they had made a total FUBAR before the actual full trial it's understandable they wouldn't throw even more public money away just to have that reconfirmed in open court. Plus as the defendant I'd be displeased if they had put me through the expense and stress of a full trial when they knew it was doomed to fail.

If you are really desperate you could try an FOI request to the Brigade, but it's unlikely due to the nature of the information it would be released.
Title: Re: Prosecution of fire alarm contractor abandoned at Crown Court
Post by: Wiz on April 27, 2011, 09:56:38 AM

......Someone somewhere along the line didn't know what they were talking about and cost all of us a lot of money.

Have they been sacked / re-trained / reprimanded / put out to pasture ?............


Well, with UK employment laws, you can't really sack people for just making mistakes.

'Lack of training' is often the excuse offered by employees when making a mistake. It's an easy excuse to make and automatically puts the onus on the employer.

A 'reprimand' seems fair, but management know that the person being reprimanded is only likely to sulk and work even less well in the future.

Putting out to pasture might be a the best option. Early retirement on a good pension will keep everyone but the taxpayer happy.

Then the whole sorry saga can be brushed under the carpet and forgotten.
Title: Re: Prosecution of fire alarm contractor abandoned at Crown Court
Post by: Wiz on April 27, 2011, 10:02:38 AM

Does anybody know where can I find this information?


......If you are really desperate you could try an FOI request to the Brigade, but it's unlikely due to the nature of the information it would be released.

What is the use of the Freedom Of Information Act when there is no freedom to the information!

Title: Re: Prosecution of fire alarm contractor abandoned at Crown Court
Post by: Davo on April 27, 2011, 02:21:48 PM
Dr Wiz

1- it ain't free :o

2- no doubt the FRS will try it on some other sucker ;D

davo
Title: Re: Prosecution of fire alarm contractor abandoned at Crown Court
Post by: Clevelandfire 3 on April 27, 2011, 11:57:05 PM
no doubt the FRS will try it on some other sucker ;D
davo

Thats rich coming from the Police
Title: Re: Prosecution of fire alarm contractor abandoned at Crown Court
Post by: kurnal on April 28, 2011, 08:04:06 AM
A little knowledge is a dangerous thing.  Best just to be happy, Kurnal, that, as a taxpayer, you paid for all of the contractor's costs, including expert witness fees.

Precisely. And clearly thats all we are going to get in this case. A little knowledge.
Title: Re: Prosecution of fire alarm contractor abandoned at Crown Court
Post by: Davo on April 28, 2011, 09:18:05 AM
Clevey

Sorry, I wasn't having a go, as prof says it needs to be tested properly and hopefully the next FRS who tests this will have learnt some lessons as I have no doubt the FRS will share
Lets not forget what started this off.......

davo

Title: Re: Prosecution of fire alarm contractor abandoned at Crown Court
Post by: AnthonyB on May 16, 2011, 12:17:40 AM
This may explain why the charges resulted:

http://www.lep.co.uk/news/landlord_denies_faulty_fire_alarm_caused_death_1_132394

The inquest ALLEGED (AND NO EVIDENCE WAS OFFERED AT TRIAL) that the installation was poorly wired and suffered power supply faults, that it only had a single 100% service (BS says a minimum of 2 visits) and did not operate at the time of necessity.

It appears to be the common used configuration for a communal areas system of smoke to circulation areas and a heat in each flat - there is IMPLICATION that no Pt 6 smokes were in the flats.

FULL TEXT
Landlord denies faulty fire alarm caused death


Published on Wednesday 25 November 2009 16:32

The landlord of a Preston flat could face prosecution over a faulty alarm after a fire killed a pensioner.

Two companies responsible for the electrics and maintainence of the alarm could also be summoned to court by Lancashire Fire and Rescue Service and Preston Council, an inquest heard.

Former semi-professional cricketer Eric Baker, 91, died a day after the blaze at his flat in Bairstow Street, Avenham.

Neighbour Alex Alston broke into his flat to try to save him, but was forced back by the heat and flames.

The great-grandfather suffered 60% burns in the fire on July 11 and died at Whiston Hospital, in Merseyside. Preston Coroner's Court was told the alarm at the terraced house, which had been converted into bedsits, had not been wired correctly.

Watch manager Paul Dunn, an intelligence officer for the fire service, said: "The lack of power has been caused by a faulty connection within the distribution board in the basement.

"There was a loose connection which intermittently failed when it was connected."

No-one in the building was aware of the blaze until Mr Alston went to check he was OK.

And neighbour Elizabeth Belter told the hearing: "It (the fire alarm) did not work on this occasion. It did not sound."

Mr Dunn added: "If the fire alarm had been working a heat detector would have raised the alarm to other occupants. It might have alerted Eric and allowed him time to escape."

And station manager Mark Hutton said temperatures inside the flat would certainly have been hot enough to set off the heat detector and raise the alarm.

There were also no smoke detectors inside the flats, which are recommended as "best practice," the court heard.

But landlord Anthony Towey, who owned the property, said: "I tested the system on a roughly once a week basis.

"It was tested on an annual basis by a professional. It was absolutely fine."

Investigations into the cause of the fire revealed the most likely explanation was that a cigarette which had dropped under a coffee table started the blaze.

A man was also rescued unharmed from an upstairs flat.

Recording a narrative verdict, deputy coroner Simon Jones said: "Eric Baker died on July 12 of severe burns and smoke inhalation which he sustained as a result of a fire in his flat.

"The cause of the fire was, on the balance of probabilities, a cigarette discarded by Mr Baker.

"The fire alarm system which had been installed did not work."