Coal firm ‘will avoid crippling fine over deaths’

THE judge in the case of how four miners died following safety breaches by Britain’s biggest mining firm has indicated he will not impose fines at a level that would cripple a company in a “pretty desperate situation”.

Mr Justice MacDuff was speaking as he adjourned sentencing of UK Coal, which has admitted offences under health and safety laws in relation to the deaths of Trevor Steeples, Paul Hunt, Anthony Garrigan and Paul Milner.

Mr Steeples, Mr Hunt and Mr Garrigan died following incidents at Daw Mill colliery, near Coventry, in 2006 and 2007.

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Mr Milner died following an incident at the now-closed Welbeck Colliery, Nottinghamshire, in 2007.

Yesterday, the judge heard how UK Coal was “under intense economic pressure” following the recession.

Mark Turner QC, for the firm, told the court that shares worth £5 five years ago were recently trading for 34p.

Mr Turner said it was in a “very poor way financially” and was implementing a survival plan.

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The judge told Sheffield Crown Court he had a very difficult exercise to perform to provide justice for the men’s families yet not threaten a company which “provided energy to the nation, employment within the nation and a valuable service all round”.

He said it would be in “nobody’s interest” to impose devastating financial penalties on the firm. The court heard how UK Coal already faced huge costs over the case.

The judge said that when he finally sentenced the company later this year he would first establish a total figure it should be liable for and then deduct these massive costs before determining the level of fines from what remained.

He warned family members this might mean the fines were lower than some might expect.

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He expressed his frustration at the bill provided by the various agencies involved in the investigation and prosecution which Mr Turner told him was £1.2m, not including the cost of yesterday’s court hearing.

Mr Turner offered “unqualified apologies” on behalf of UK Coal to the families of the four men.

The court heard how Mr Steeples, 46, from West Bridgford, Nottinghamshire, died at Daw Mill on June 19, 2006, when he was suffocated by a methane build-up in part of the mine.

Mr Hunt, 45, from Swadlincote, Derbyshire, died after he fell from an underground transporter into the path of a train at the same pit on August 6, 2006.

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The judge was told how the poorly maintained transporter had been declared unfit for passenger use but miners still used it routinely as an alternative to a 40- minute uphill underground walk.

Mr Garrigan, 42, from Thorne, near Doncaster, also died at Daw Mill when he was crushed by 100 tonnes of coal and stone on January 17, 2007.

The court heard how he had been helping install bolts at the time into the wall of a tunnel which had a history of collapses.

Mr Milner, 44, of Church Warsop, Notts, died at Welbeck Colliery at Meden Vale when a roof fell in on November 3, 2007.

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UK Coal, based in Harworth, Nottinghamshire, admitted four breaches of Section 2(1) and three breaches of Section 3 of the Health and Safety at Work Act 1974 at an earlier hearing.

The judge adjourned the case to a date to be fixed.

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