TWO bosses cleared over a man’s tragic fall from pier restoration works apologised over safety breaches.
Michael Hawkins and Paul Dixon were on trial accused of gross negligence manslaughter following the death of Stephen Penrice at Eastbourne Pier.
The 44-year-old father fell through the Victorian structure and died from his injuries after landing on the beach 30ft below.
He was part of a team working in August 2014 to repair fire damage which had ripped through the historic seafront landmark in July that year.
After a six week trial at Brighton Crown Court, Hawkins, 37, and Dixon, 53, were cleared over gross negligence manslaughter after the judge, His Lordship Sir Michael Soole directed the jury that it could not be proved the defendants had caused Mr Penrice’s death.
Dixon, formerly of Caroline Way, Eastbourne, Hawkins, formerly of The Promenade, Maryport, were fined for health and safety breaches.
Hawkins was fined £500, a lower sum as he is now on benefits. Dixon was fined £2,500
They had been working for MPM North West Ltd, and were a “close-knit” firm based out of Maryport, Cumbria.
The "family firm" went bust in 2019 following problems with cash flow and a contract dispute going badly. MPM was fined £50,000.
Mr Justice Soole said there was no basis for a prison sentence, and said both men had been "punished" by the fact the investigation and case had taken so long, with the prospect of punishment hanging over them.
Both men admitted breaching health and safety rules by not producing risk assessment and method statement documents, and not inspecting the re-decking works taking place.
The court heard how Dixon and Hawkins were close friends of Mr Penrice, the former played rugby with him as a youngster.
Prashant Popat QC, representing project director Michael Hawkins, said any statement he made “will in no way measure the pain and suffering that has been occasioned to Stephen Penrice’s family and friends”.
But the barrister read out a statement from his client where Hawkins said he “apologised” over the incident.
Mr Hawkins statement read: “We have always been a small, close-knit bunch of people who prided ourselves on safety and getting the job done. I have never cut corners protecting the safety of others in any situation, let alone personal friends.
“At the time, I thought we were managing safety well and doing everything we could. The company had a really good reputation and record for safety which was recognised by clients.
“The last thing I expected was for one of our own to be in a fatal incident. I will regret that for the rest of my life.
“I was not motivated by personal gain, and it is (not true) that I did not care enough about Stephen Penrice or others working on the pier. I don’t think anything will ever get across how sorry I am and how I and the MPM team feel.”
Oliver Campbell QC, representing site foreman Paul Dixon, said the incident was an “undoubted tragedy” that continues to be felt but hopes Mr Penrice’s family can find some closure.
He said Mr Dixon apologises and said: “He now regrets his mistakes of not carrying out further inspections of the work on the day.
“The death of his best friend has been extremely difficult for him and an experience which has changed his life.”
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