A CONSTRUCTION company has admitted breaching health and safety rules over the death of a worker at the Fremlin Walk shopping development in Maidstone almost four years ago.

Miller Construction (UK) Ltd and site supervisor Sean Mongan pleaded guilty to failing to comply with a duty imposed by the Health and Safety at Work Act of 1974.

Unqualified dumper truck driver Barry Pollen, 59, who lives in a Salvation Army hostel in London’s Victoria, had admitted the charge in September last year.

Miller, the principal contractor for the development, also admitted a second charge of failing to comply with a Health and Safety regulation.

In an accident involving the dumper truck, machine driver Justin Taylor, a father-of-two, of Melford Drive, Barming, Maidstone, was killed on June 20, 2003, three months after work started on the £100million development.

In admitting the offences, both Miller and Mongan, 49, have entered a basis for their pleas. A further hearing will be held on June 5 to decide any outstanding issues. Miller, Mongan and Pollen will then be sentenced.

Judge Jeremy Carey said he would then make reference to the 29-year-old victim.

"It does not mean that the court will lose sight that, although this is about causation, it was a real tragedy," he added.