Badly built wall not fixed for decade killed boy

Two-year-old Saurav Ghai was killed when the brick wall belonging to Camden Council gave way on the Wendling estate in north London as he walked along with his childminder.

He was taken to hospital after the incident in Southampton Road, Gospel Oak, on January 18 2007, but died shortly afterwards.

The authority initially pleaded not guilty last year to failing to discharge a health and safety duty contrary to two sections of the Health and Safety at Work Act 1974, but changed its plea in October.

At the start of a trial of issue yesterday at Southwark Crown Court, prosecutor James Ageros said Camden Council was in breach of its duty throughout the period between 1997, when the wall was repaired, and when the toddler was tragically killed in 2007.

He said the issue in contention was the extent of the council's breach.

"The wall was built extremely badly. The issue is whether Camden Council was at fault for not realising the wall was built badly in the first place."

He told the court the panels were not tied or bonded in with the panels adjacent to them and it was "unsatisfactory and unsafe".

Referring to repair work undertaken by a sub contractor, he said it was the prosecution case it was subject to the council's control.

He said: "Camden Council failed in its duty thereafter in inspection, repair and maintenance.

"Camden Council ought to have put into practice a system that was apt and suitable to ensure the wall was kept in a proper state of repair and was safe. The wall was a risk to passers-by."

Dominic Kay, defending, told the court the wall was built in the 1970s and repaired in 1997.

He said it was accepted that the wall was "too thin for its height", adding: "There were a number of incidents that should have put Camden on notice that the wall was dangerous."

The court was told repairs were carried out to the boundary wall in October 1997 in relation to impact damage.

Giving evidence, Patrick Campbell, a former building surveyor for Camden Council, said cracks to the wall could have occurred via a sledgehammer or from cars.

Mr Kay said: "You had no reason to think that this wall, built and designed by architects was unsafe?" Mr Campbell replied "No", but added the half brick thick wall was "close to the limits of slenderness".

Mr and Mrs Ghai donated 10,000 to Royal Free Hospital to thank staff for trying to save their son's life.

At an earlier hearing, Mr Ghai said: "He was a beautiful boy who was smiling from the day he was born. That is how we will remember him."

Camden Council admits a single charge of failing to discharge its duty under the Health and Safety Act by not inspecting, maintaining or repairing the wall.

The hearing continues, and is expected to last for three days.