Firm fined £160k after Keiran, 12, is crushed to death by 600lb pole Boy’s family: We hope companies will learn from our loss
A FIRM was fined £160,000 yesterday after a boy was killed when a telegraph pole rolled down an embankment and pinned him to a fence.
Keiran Esquierdo, 12, from Sanquhar, Dumfriesshire, died from asphyxiation after being unable to breathe under the weight of the 600lb pole.
SPIE Limited, which delivered two telegraph poles to the scene near Mill Hill medical centre in Kelloholm, was fined after admitting breaching health and safety law.
In a statement released through Digby Brown Solicitors, Keiran’s family said: “Every day we feel Keiran’s absence and our lives will never be the same.
“He was a beautiful, fun and popular boy and we will continue to remember him, his laugh and the good times. “For the last two years, we’ve waited for answers and justice as we couldn’t heal and start to think of the future without a conclusion to the past. “Now that it’s resolved, we hope companies learn from our loss so other families are spared the pain of having to cope with a death like this. “We’d like to thank our friends, family and our community, who have been there for us through thick and thin for the last two years. Your support means more than we could describe.”
The tragedy happened on October 15, 2017. Keiran was standing on one of two 33ft telegraph poles when it became dislodged and rolled down a grass embankment.
The youngster also fell down the embankment and was fatally pinned between the pole and a concrete fence post at the bottom of the slope.
Keiran’s friends ran to get help but when medics arrived the youngster was unresponsive and had no pulse.
Fire crews used specialist lifting gear to move the pole but Keiran couldn’t be saved. He was pronounced dead at the scene.
CCTV footage obtained during an investigation by the police and the Health and Safety Executive (HSE) found a driver working for SPIE delivered the two poles earlier that day.
The poles should never have been at the location but were left there because the driver was not given a map of the designated drop point.
At Dumfries Sheriff Court, SPIE admitted breaching Section 3 of the Health and Safety at Work Act 1974.
It came after HSE officials concluded the firm failed to deliver the poles to the correct location, failed to secure them to prevent them from rolling and failed to give the delivery driver the right training on how to securely deliver the poles.
The court heard it was the first time the firm had received a conviction. Prosecutors said SPIE was fully cooperative with all aspects of the investigation.
Sheriff Brian Mohan reduced the fine to £160,000 from £240,000 due to the early plea.
Keiran was a member of his local Army Cadets and his comrades formed a guard of honour at his funeral.
Trees were also planted at Kelloholm Primary and Sanquhar Academy, where he attended school, in his memory.
Damian White, partner at Digby Brown’s Ayr office, said: “What makes Keiran’s passing all the more tragic is just how avoidable it was.
“I know it’s of little comfort to Keiran’s loved ones but at the very least I hope today’s outcome leads to improved workplace and public safety.”