MANSLAUGHTER charges will not be brought against representatives of two East Lancashire companies following the death of a young labourer who was unlawfully killed at a Hyndburn factory.
But it is understood that the decision will clear the way for charges to be brought against E W Cartons Ltd, Rishton, under health and safety legislation following the death of Steven Donald, 17.
Steven, a former pupil of Norden High School, Rishton, who lived in York Close, Clayton-le-Moors, with his mother Janette, died from multiple organ failure and crush injuries after he became trapped in a conveyor belt at EW Cartons Ltd in August 1998.
An inquest jury last October decided that either involuntary manslaughter or gross negligence had taken place, and returned a verdict of unlawful killing. Coroner Michael Singleton told the jury that negligence, if found, could be on the part of EW Cartons Ltd, or an employee from Waste Equipment Ltd, of Bamber Bridge, which supplied and fitted the second hand machine.
Last May, the Crown Prosecution Service decided not to bring charges following an investigation by detectives and safety inspectors. But the decision was reviewed in the light of the jury's verdict. EW Cartons is a family-run recycling firm headed by Accrington Stanley FC chairman and owner Eric Whalley. Today Steven's family said they were glad that a decision had been made and were hopeful that they would see "justice" for his death.
Detective Chief Inspector Mick Turner said: "The CPS have advised against a prosecution for manslaughter. There is to be a prosecution under the health and safety legislation by Hyndburn Borough Council."
A spokesman for Hyndburn Council said: "The council is the enforcing authority and is waiting to get official confirmation that the CPS is not bringing proceedings. If a prosecution were to go ahead it would be taken by the council under the Health and Safety at Work Act against EW Cartons."
The health and safety executive will consider its position when it has been notified of the decision.
A spokesman for the CPS said: "The CPS have great sympathy towards the family and the reason it has taken so long to come to a decision is because we wanted to give the matter our full consideration."
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