Trial into death from fridge fall begins

Wednesday 27 September 2023

The trial into the death of a UK worker who was killed after a refrigeration unit fell on him in an industrial incident five years ago has begun in the Royal Court.

Barry Challen (50) died after sustaining critical injuries after a tall and heavy fridge unit fell on him while he and colleagues were moving it inside what was later to become the Co-operative Locale store on the Bridge on 20 May 2018.

Hurel Ltd, formerly RG Falla Ltd, and Trevor Wainwright, who runs a UK installation company where Mr Challen was employed, have been indicted on two counts each of failing to ensure the health and safety of employees on the site, as well as persons not employed on site. 

The prosecution case is that the company, which had overall responsibility for the site as the main contractor, and Mr Wainwright failed to create or ensure a safe working environment which is a legal duty under health and safety laws. 

Both parties deny the charges.

Crown Advocate Fiona Russell told the court on the morning of the 20 May the fridges were offloaded from a lorry and placed on four wheeled “skates” in each corner then manually pushed into position inside by three workers, one of which was Mr Challen.

The units were wheeled from pavement level up a wooden ramp, and wooden boards had been placed on the floor of the shop. The surface was said to be uneven.

As the men wheeled the third unit in one of back wheels “hit a lip or uneven” patch on the floor and toppled onto Mr Challen.

Pictured: The trial is scheduled to last the rest of the week.

He was taken to the local intensive care unit before being medically evacuated to the UK on 23 May. He passed away shortly after this.

Safety inspectors were presented with a risk assessment provided by the fridge manufacturer to Mr Wainwright which was “very generic indeed”, according to Advocate Russell. There was also no dynamic risk assessment for the conditions on site she said.

This represented a a lack of organisation, supervision, and coordination which amounted to “significant breaches”, Advocate Russell alleged.

There is no legal representation from Hurel Ltd in court due to the firm being in liquidation. Judge Catherine Fooks ruled that the trial would continue regardless, with written evidence submitted by the company to be used. She said she would ask more questions than usual during proceedings to ensure a fair trial.

Advocate Mark Dunster is representing Mr Wainwright.

The trial continues.

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