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10/12/2013
M5 Fireworks Crash Accused Is Cleared
A man who was in responsible for a fireworks display on the night a motorway collision which killed seven people, has been cleared of breaching health and safety laws.
Geoffrey Counsell, 51, had denied a charge of failing to ensure public safety at the fireworks display at Taunton Rugby Club. In November 2011, Mr Counsell was hired by the rugby club to run a £3,000 fireworks display. He set off 1,500 shots in 15 minutes, in an area just 200 yards from the M5 motorway. Witnesses described seeing the smoke drift across the nearby carriageway. At the time, there was also a heavy fog on the M5. The multi-vehicular pile-up occurred shortly afterwards when around 30 cars were engulfed in the mix of smoke and fog.
Seven people died in the crash, with a further 51 injured.
Counsell, who is from Ashill, Somerset, had originally been charged with seven counts of manslaughter but the charges were dropped earlier this year. He was then charged under the Health and Safety at Work Act with failing to operate the display and ensuring that others who might be affected were not exposed to risks.
However, today (10 December), at Bristol Crown Court, he was found not guilty. Mr Justice Simon ruled that the accused had "no case to answer" following an application from the defendant's barrister at the halfway point in the trial.
He added that the prosecution's case was "heavily weighted" on "hindsight" and there was not sufficient evidence to demonstrate that Mr Counsell would have foreseen the smoke could have drifted and mixed with the fog.
Speaking outside court, Counsell said he felt the decision to prosecute him was "motivated by a desire to find someone to blame for this terrible accident, simply for the sake of doing so".
(JP/CD)
Geoffrey Counsell, 51, had denied a charge of failing to ensure public safety at the fireworks display at Taunton Rugby Club. In November 2011, Mr Counsell was hired by the rugby club to run a £3,000 fireworks display. He set off 1,500 shots in 15 minutes, in an area just 200 yards from the M5 motorway. Witnesses described seeing the smoke drift across the nearby carriageway. At the time, there was also a heavy fog on the M5. The multi-vehicular pile-up occurred shortly afterwards when around 30 cars were engulfed in the mix of smoke and fog.
Seven people died in the crash, with a further 51 injured.
Counsell, who is from Ashill, Somerset, had originally been charged with seven counts of manslaughter but the charges were dropped earlier this year. He was then charged under the Health and Safety at Work Act with failing to operate the display and ensuring that others who might be affected were not exposed to risks.
However, today (10 December), at Bristol Crown Court, he was found not guilty. Mr Justice Simon ruled that the accused had "no case to answer" following an application from the defendant's barrister at the halfway point in the trial.
He added that the prosecution's case was "heavily weighted" on "hindsight" and there was not sufficient evidence to demonstrate that Mr Counsell would have foreseen the smoke could have drifted and mixed with the fog.
Speaking outside court, Counsell said he felt the decision to prosecute him was "motivated by a desire to find someone to blame for this terrible accident, simply for the sake of doing so".
(JP/CD)
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