Tunbridge Wells

Manager Accused of Manslaughter After Gross Negligence

A fruit packing manager has been accused of manslaughter after sending two of his employees into an oxygen-deprived storage unit for apple samples.


Andrew Stocker, 57, of Hampshire, sent two workers into a sealed storage unit with oxygen levels of just 1% to retrieve apple samples to be entered in a fruit show in Kent. Scott Cain, 23, who had been instructed by Mr Stocker to gather samples, and Ashley Clarke, 24, were found unconscious in the unit and despite efforts by staff and paramedics both were declared dead at the scene.


Mark Dennis QC, prosecuting, said:


"The defendant knew well that the forbidden form of entry would have to be employed in order to gather the samples.


"In so acting he breached his duty of care to the two young men who died and his breach amounted to gross negligence and that directly led to the tragic loss of two lives."


The practice, nicknamed "scuba diving", involved staff entering the storage unit through a hatch in the roof, balancing on top of a stack of boxes, holding their breath and ducking down to gather samples with a net. Before the incident, Mr Stocker had intended to enter three varieties of apples in the Marden Fruit Show.


If you've suffered negligence as a result of your employer's actions, contact our employment solicitors on 0845 603 0708 for advice.

 

 

 

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