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FIRE SERVICE AND GENERAL FIRE SAFETY TOPICS => Fire Safety => Topic started by: Toddy's best friend on March 25, 2011, 09:32:59 PM

Title: Prosecution of fire alarm contractor abandoned at Crown Court
Post by: Toddy's best friend on March 25, 2011, 09:32:59 PM
http://www.info4fire.com/news-content/full/prosecution-of-fire-alarm-contractor-abandoned-at-crown-court

Interesting quotations:

Craige Southern, managing director of Mawtec Systems, said:

"As a responsible contractor with over 20 years experience in fire alarm systems, we support the enforcement of the Regulatory Reform (Fire Safety) Order and, in cases of serious breach, we acknowledge the public interest served by prosecution for contraventions by Responsible Persons and contractors. However, there is a need for fire and rescue authorities, in their role as prosecutors, to better understand technical standards, such as BS 5839-1.

“In this case, we were entirely confident that we had properly inspected the fire alarm system and that the charges against us were unfounded. Our position is vindicated by the decision of the prosecution, which was taken only after we were put to a great deal of cost, trouble and anguish, and only after we had engaged an expert witness, Colin Todd. Another smaller firm might not have been able to do so and could have suffered serious harm as a consequence."

Colin Todd of CS Todd and Associates Ltd would not comment on specific cases. But he said: “An expert witness produces reports for the court and is required by law to be completely impartial, regardless of whether instructed by the prosecution or the defence."

A spokesperson for Lancashire Fire and Rescue Service (LFRS) said it felt justified in bringing the case to the attention of the court in the interests of public safety.

“During the case LFRS has relied heavily upon the British Standards that are applicable to fire alarms, and these are the only guidance documents which are available. With the benefit of reviewing the expert report, it would now be inappropriate to continue with the prosecution.”

Title: Re: Prosecution of fire alarm contractor abandoned at Crown Court
Post by: kurnal on March 25, 2011, 10:49:17 PM
I wish I had a friend who would place posts saying what a good chap I was and giving my business free publicity. Hmmm.

Perhaps I shall have to start to change the habits of a lifetime and start being nice to people........

But then it hasn't stood in Colins way.;)
Title: Re: Prosecution of fire alarm contractor abandoned at Crown Court
Post by: AnthonyB on March 26, 2011, 12:03:23 AM
It's a pity it was dropped so we could see the detail of the reasons for prosecution and as importantly the rationale that would it seems have been used to successfully defend it.

That way everyone could learn from it, but now it's going to be a secret until the next similar case if there is one.
Title: Re: Prosecution of fire alarm contractor abandoned at Crown Court
Post by: Toddy's best friend on March 26, 2011, 09:58:35 PM
I wish I had a friend who would place posts saying what a good chap I was and giving my business free publicity. Hmmm.

- I thought you said that was one of the reasons why you posted on Firenet.

Anyway, you missed the point expert witness involves being an expert. Being nice to people is neither necessary nor sufficient.
Title: Re: Prosecution of fire alarm contractor abandoned at Crown Court
Post by: kurnal on March 26, 2011, 11:28:25 PM
I wish I had a friend who would place posts saying what a good chap I was and giving my business free publicity. Hmmm.

- I thought you said that was one of the reasons why you posted on Firenet.

Anyway, you missed the point expert witness involves being an expert. Being nice to people is neither necessary nor sufficient.

Nice response :D. I could almost imagine Colin himself saying those words. You do him proud TBF.
Title: Re: Prosecution of fire alarm contractor abandoned at Crown Court
Post by: colin todd on March 27, 2011, 05:06:38 AM
Au contraire Big Al, while wishing to show the greatest of respect to my bestest friend in the whole world, apart from Retty of course, were I have to have said it (and I wish I had) I would have inserted a semi colon after the word "point".  All I can say is that my bestest friend clearly did not have the benefit of a Scottish education, though this doesnt make him/her a bad person.