Watling Tyres' appeal against £1 million fine for fitter Matthew Hoare's death fails
Published: 00:01, 28 October 2016
Watling Tyres has failed to get a £1 million fine cut following its conviction for health and safety failures that led to the death of a young Canterbury fitter.
On Tuesday, during a hearing which lasted about 30 minutes, lawyers for the company claimed the penalty was “manifestly excessive”, but Court of Appeal judges disagreed.
The decision has been welcomed by Carolyn Hoare, of Shalmsford Street, Chartham, whose 21-year-old son Matthew was killed when the industrial tyre he was mending exploded in his face at a brickworks near Sandwich in 2006.
He had been sent out from the Canterbury depot without adequate training for the job and faulty equipment.
Speaking after the appeal hearing, Mrs Hoare said: “Watling Tyres should have admitted they failed Matthew from the outset instead of putting us through years of heartache.
“I was very disappointed they appealed the sentence but am relieved it has not been reduced.”
It took almost a decade for the Health and Safety Executive (HSE) to bring charges against the company, with the firm fined at Canterbury Crown Court in June after admitting two breaches.
Watling Tyres has already paid the fine, but had hoped to get some money back.
Nathan Cook, of Frisby and Co, which represented the HSE for the appeal, said: “Watling Tyres’ lawyers argued that the fine was manifestly excessive because it had taken so long to come to court and the firm had admitted its guilt.
"But in rejecting the appeal, the judges said they also took into account the impact on the family.”
Watling Tyres was ordered to pay £850 to the HSE towards its legal costs of the appeal.
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Gerry Warren