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Record Fine in Health and Safety Trial

On 25 August 2005 in a specially modified courtroom at Edinburgh Sheriff Court, trial judge Lord Carloway returned a record fine of £15m against Transco Plc for breaches of health and safety legislation.

On 22 December 1999 at 5.30am a massive explosion destroyed the house at 42 Carlisle Road, Larkhall. The house had been occupied by the Findlay family, Andrew (34), Janette (37), Stacey (13) and Daryl (11), all of whom were killed in the blast.

An investigation by officials from the Health and Safety Executive showed that there were holes in the 250mm medium pressure ductile iron gas pipe that ran through the front garden of number 42.

A specialist team, consisting of officers from the Fraud Squad and Serious Crime Squad, was formed to work on this inquiry and undertook investigations on a national basis, under the instruction of the Procurator Fiscal at Hamilton. These enquiries covered a 30-year period, and resulted in a considerable volume of documents being seized, and witnesses from across the UK being traced and interviewed.

The High Court trial HMA v Transco Plc began on 11 February 2005, for a statutory charge of contravening Section 3 and 33 of the Health and Safety at Work Act 1974.

During the trial the court heard 83 days of evidence. Crown witnesses came from as far afield as Japan and Norway, as well as a large number from throughout the United Kingdom. The witnesses were civilian, police, HSE and a large number of technical and expert witnesses. The matters covered in evidence included issues involving causation, gas explosions, records and computer systems for records, computer simulations of gas explosions; and many others, including the evidence of witnesses who were at the scene shortly after the explosion, some of whom were relatives of the Findlay family or knew them well.

On 22 August 2005 the jury retired to consider the case, three days later they returned a unanimous verdict of guilty against Transco.

Speaking after the verdict a spokesperson for the Crown Office and Procurator Fiscal Service said:

"This has been a lengthy trial, and the families involved will be pleased to see it brought to a conclusion.

"Today's verdict is testimony to the commitment and professionalism of all those involved in investigating and prosecuting this case. It would not have been possible without the close joint working between the police, the prosecution and the Health and Safety Executive.

"Everyone working on this case was aware that at its heart were families who had been devastated by the events of 22 December 1999. Our thoughts remain with these families."

Page updated: Wednesday, September 14, 2005