The boss of a groundworks firm is to be prosecuted after the horrific death of a labourer in a trench on a building site.

Callum Osborne, 24, was killed when tons of soil collapsed on him as he laid pipework at the site in Swalecliffe in 2011.

Now the Health and Safety Executive has confirmed that Wayne Cooper, of Cooper Services Ltd, will face charges as a result of the tragedy.

Details of the exact allegations have not yet been confirmed by lawyers for the HSE, but Mr Cooper, from Minster near Ramsgate, is expected to be summoned to court in the new year.

Mr Osborne, of City Wall Avenue, Canterbury, was working on the site in Bridgefield Road on April 7, 2011, when the 5ft trench he was standing in collapsed.

He was buried under a mountain of earth and frantic efforts were made to try to free him, but he suffocated before he could be uncovered.

The circumstances of the tragedy were revealed at an inquest into his death in October.

Mr Osborne was to become a father and his partner Colette Osborne gave birth to his daughter, Star, just a couple of months after his death.

She said: “All I have ever wanted is for the justice system to establish if anybody was responsible for Callum’s death. Hopefully these legal proceedings will provide some answers. It’s the least he deserves.”

HSE spokesman Paul Butler said: “The Health and Safety Executive has informed Wayne Peter Cooper of its intention to prosecute him for breaches of health and safety law in his capacity as director of Cooper Services Limited, which is no longer trading.

“The exact charge or charges are yet to be finalised but will be confirmed in due course ahead of the case being listed by the courts.”