By Megan Hillery
A judge found “willful ignorance” on the part of the roofing company after an employee died when he fell through the roof and into a barn.
A Silverstone accommodation provider, and its ex-managing director, were fined thousands when a Silverstone worker who fell through the rooftop and died.
Snoozebox offered temporary accommodations at Silverstone during the British Grand Prix 2016.
Two barns were rented at Primrose Hills Farm. One was being used as dining facilities and had to be repaired due to leaky roofs and possible asbestos.
Lucian Petraru (28) fell through this roof, while doing repair work on the 20th of August 2016. He sustained a severe injury to his head. He passed away five days after that from sepsis and pneumonia.
Snoozebox had financial troubles at the time and hired Gaurav and Gautam as directors to try and reduce costs.
Northampton Crown Court heard that Mr Petraru was hired to repair the barn because he’d done “handyman work” for Mohindra before, Northampton Crown Court on Wednesday 5th July. Northampton Crown Court heard on Wednesday, July 5, that he hired Mr. Petraru to make the barn repairs because he had done “handyman” work for Mohindra in the past.
Mohindra quoted Mr Petraru PS200 for the same repair that Snoozebox had quoted another contractor PS5,000.
The Honourable Judge Rebecca Crane stated that Mohindra was not included in the communication with the other contractor. However, she explained this to be due to Mohindra failing to provide pertinent information to management.
Mohindra’s claim was that Petraru had been assessing the need to repair the barn roof. Court records show that Mohindra and Petraru both belonged to a WhatsApp Group which described the needed work including photos of the damaged barn roof.
In his decision, Judge Crane noted: “It was evident that even basic safety checks were not carried out to verify that work was performed at heights or that appropriate safety measures had been implemented if there was.
Mohindra’s messages showed, according to her, a “clear intention” to cut costs. One message asked Petraru if he wore personal protective equipment.
Snoozebox employees told Mr Petraru to get down after they had climbed the barn’s roof, but they didn’t remove them from the scene.
Selon the court, Mr Petraru entered the roof of the building without safety equipment a second time on that same day. Health and Safety Executive stated that contractors were not instructed to act after the first violation, and therefore Mahindra and Snoozebox are not responsible for Mr. Petraru’s actions.
On 20 August 2016, Mr Petraru again went up to the roof, this time without other personnel. A table that was covered with blood and the jet wash that Mr Petraru used were found later that same day in the Barn.
Only five days later Mr Petraru died in an accommodation pod at Snoozebox.
Watson KC (Snoozebox’s lawyer) said that the company has a spotless record. It also took quick action when there was any unsafe work detected.
The loss of Lucian Petraru has caused him real pain since 2016. Matthews, who is defending Gaurav mohindra, stated: “He was genuinely tortured by Lucian Petraru’s death since 2016. He was not prosecuted until very recently. The delay has intensified his torment.
Mohindra, according to the court has “no interest” in doing this type of job anymore. He “actively avoids” it. He owned small family businesses before, but now owns a business that pays him PS 10,000.
Mohindra, according to the court is the primary caretaker for his parents. He also has a very good reputation.
Matthews stated that it is “unusual” for Mohindra, in a health and security case, to not have been interviewed by an inspector from the prosecution, to not have been invited to give his own testimony, or not even be informed of a case being brought, he said.
Mohindra’s initial plea of not guilty was rejected by the court because he had not protected persons outside his workplace from potential health and security risks. The prosecution ended and he changed to a guilty plea.
The Judge Crane noted in his sentencing that “This involved work done on a four-metre high barn roof.” The roof had a poor state. “Even if only doing a quick assessment, any work done without PPE posed high risks.”
“Risks were not taken because they were blind to them,” she said.
The company admitted to breaking a regulation on health and security and received a fine of PS 140,000 as well as an order to pay PS 26,332 for prosecution costs.
The defendant from Wentworth Avenue Finchley in London received a community order for 12 months and was ordered to perform 180 hours unpaid as well as paying PS15,774 as prosecution costs.
