Workers’ tragic death in building collapse ... and the families still fighting for justice
THEY battled through the night in the cold and snow, removing rubble by hand in a bid to find those trapped inside. Despite the best efforts of the firefighters, as daylight emerged on that miserable April day 20 years ago, three men were dead.
Tony Laughton of Hessle Road, Hull, and Shaughan Walsh of Beverley Road, Hull, both 43, and Dave Jowett, 44, also of Beverley Road, had been converting the former Reckitts warehouse in New Cleveland Street into a hotel when the disaster happened.
The building collapsed with 50 tonnes of rubble crushing the men.
It was a tragedy that shook the city, but it is also an inspirational story about the determination of grieving families who ultimately helped change the law.
The Mail takes a look back at the tragedy 20 years on and how families battled for years in a bid for justice. Rescue Mission
There had been hope the men would be found alive, which drove the rescue teams on through the subzero temperatures over the course of April 3 and 4.
At the scene on April 4, the day after the building collapsed, Humberside fire brigade sub-officer Nick Granger hoped those trapped inside would still be found alive.
“From the way in which the building collapsed,” he said, “initial reports suggest there does appear to be a large number of pockets that would provide life-saving shelter for the men.
“Every member of the rescue team has given their all and we are still hopeful we can pull these men out alive.”
The warehouse collapsed as workers sat drinking tea on the ground floor with 50 tonnes of rubble falling on to them.
Andy Wicks, 38 at the time, of Bransholme, who was also trapped inside the warehouse, was rescued by firefighters shortly after the alarm was raised.
He escaped with cuts and bruises after being g trapped pp in a tunnel created by falling masonry.
A fifth workman, Shpend Lika, left the building just minutes before to buy some coffee and returned 20 minutes later to find it had collapsed.
Rescuers working through the night to locate the three trapped men battled on in freezing temperatures and snow.
A team of up to 20 firefighters painstakingly sifted through the debris as relatives of the three men looked on in anguish.
A 72-tonne excavator arrived from Grimsby to begin dismantling the listed building.
Major safety concerns revealed
After the collapse, disturbing evidence emerged about the condition of the mid-19th century building, which w was extensively damaged by a fire fi the year before.
London-based Marketing Development o of Africa was converting the building b into a hotel at the time.
Structural engineers from Hull City Council had only recently in inspected the building following concerns by the Health and Safety Executive and had raised concerns.
Calls heard from rubble
Two witnesses recounted how they had just arrived at work at MBM Timber Merchants when they heard a huge crash.
After running outside to see what had happened, they rushed across to the old Reckitts warehouse where they had seen workmen arriving earlier.
“I used a hammer and kicked the door to get in,” one witness said. “We heard someone calling.
“There was rubble from floor to ceiling. I couldn’t reach the man. I was right on the top of the debris but I couldn’t see anything.”
He said they kept quiet after entering the collapsed building to listen for any signs of life, and heard cries from one of the workmen.
“The chap shouted that he was OK,” one of the witnesses said. “We asked him how many more were in there, but he said ‘Just me’. We told him to stay still but we didn’t know exactly where he was.”
“He was talking to us and I was trying to joke with him. I said he’d have to pay £20 to get out.”
It became clear later that the building was a death trap.
The five-storey building was hit by a serious fire in July the previous year with 80 firefighters tackling the blaze. Built in the 19th century
Built in the mid-19th century, the building was originally part of a much larger mill complex operated by the Hull Flax and Cotton Mill company.
It was later taken over by Reckitts as a storage warehouse.
Just a couple of days after the terrible tragedy, the families of those killed began to ask questions.
Speaking this week on behalf of the families at a press conference, Shaughan Walsh’s brother Kevin said: “We know that the authorities are investigating this incident and we want to know who was responsible so that justice can be seen to be done.”
Mr Walsh said his brother and Tony Laughton had known each other for more than 20 years and were “best mates”.
He said: “This tragedy has hit our families harder perhaps than it normally would.
“Not only did they have their own families, but they had a very large group of mutual friends who have been devastated and gutted by what has happened.”
Clutching each other for support, the relatives of Mr Walsh, Mr Laughton, and Mr Jowett joined construction workers to lay flowers at the site of the tragedy on Cleveland Street.
Families launch campaign for justice
The families of the victims began a campaign to have the building’s
owners prosecuted after the CPS decided there was not enough evidence to do so.
In November 2001 the families of men joined a demonstration in Hull to highlight the deaths of construction workers over the previous 25 years. It was held outside the law courts at Lowgate.
A fighting fund was also set up by the families to help other grieving relatives fight for justice over work-related deaths.
Mr Walsh’s brother Kevin said: “The fund will be used to help other families pay for things like train journeys to meetings and telephone bills.
“But primarily it will be used to help with legal costs. We have had a lot of help and support from others and now we want to do all we can for families in a similar situation.”
In March 2002, the relatives travelled to the House of Commons in a bid to persuade ministers to change the law as part of a national campaign.
They demanded that a new criminal charge of corporate killing be introduced after prosecutors refused to take action in the wake of the tragedy.
Kevin said under current legislation it was too difficult to prove liability against company directors.
He said: “The families are still grieving. That has not come to an end, not by a long chalk.
“We will fight on until we see justice for the Cleveland Street families.
“The Government needs to introduce corporate killing legislation now. Companies make massive profits without taking any responsibility for what happens to their workers.
“If a law can be introduced making the directors responsible they will have to do more to safety and not cut corners.
“There is nothing that will ever bring the lads back, but if we stop one more death, if another family doesn’t have to go through what we have gone through and are still going through, the fight will have been worthwhile.” improve
‘Nothing could make up for loss’
Karal Jowett, 45, of Beverley Road, told the Mail at the time nothing could make up for the loss of her husband David.
“I look round my house,” she said “Where he left his cap, it’s still there. I still miss him deeply even now, I suppose I always will. I was with him since I was 16.
“But it would make a difference to know it was not in vain, that we had done something to help stop this happening to someone else.”
The campaign received a great deal of support from the Union of Construction and Allied Traders, the Transport and General Workers’ Union and the GMB, which funded the families’ legal battle.
Inquest angers families
In May 2002, the much-anticipated inquest into the men’s death took place which involved a jury and took a few weeks.
But the jury members were told they could not return a verdict of unlawful killing but were instructed they would have to come back with a finding of accidental death or record an open verdict.
Families of the three victims were disgusted when the verdict they campaigned for was not offered to the jury.
But unlawful killing can only apply to murder or manslaughter cases arising from gross negligence.
Joining forces
The families of the three victims teamed up with relatives of another man killed in a workplace tragedy to launch a safety awareness campaign.
They united with members of the Simon Jones Memorial Campaign to show a short film to unions and safety representatives highlighting workplace risks.
Simon Jones, 24, was killed in April 1998 in an accident at Shoreham Dock, Brighton.
The families staged public meetings in Hull to push for the Government to press ahead with corporate manslaughter laws.
Owner prosecuted
The family received the news they hoped for in September 2002, when a decision was made to by the Health and Safety Executive (HSE) to prosecute the building’s owner.
In May that year, the Mail published a letter to the then HSE director general Timothy Walker on behalf of the families.
It spelled out evidence heard at the inquest showing there had been breaches of health and safety and urged Mr Walker to order a review into the case in light of those facts.
In December 2002, the owner was greeted with jeers and chants as he arrived at Hull Magistrates’ Court for his first appearance. He faced eight charges over alleged breaches of health and safety at work.
More than a dozen protesters from three unions representing construction workers stood in the pouring rain outside the court complex displaying banners and placards calling for an end to deaths in the workplace.
No pleas were entered at court by the owner or the North Londonbased company that day.
In May 2003, before the owner’s case had gone ahead then Home Secretary David Blunkett revealed firms would be held accountable for deaths caused through gross negligence by management.
The Government’s decision signalled the end of a three-year battle by the men’s families to hold employers accountable for future deaths of workers.
Patricia Kadi, Mr Walsh’s sister, said: “We have always believed company managers should be held responsible. If it’s their building, they are responsible for the safety of the workers and anyone else who enters their premises.
“This is not just about what happened to Shaughan. This has happened to other families and it is not a nice experience to go through.
“If this new legislation stops any other worker getting killed, then we will be supporting it.”
Corporate killing law
Mr Blunkett said a timetable for the introduction of its new legislation will be announced in the autumn.
But there was a setback for the families in October that year when it became apparent the owner would not be jailed.
After two days of legal argument at Sheffield Crown Court he admitted five counts of breaching health and safety regulations on behalf of his company Marketing Exchange for Africa, which owned the warehouse.
Because he accepted charges against the company the law says he could not be jailed.
The owner accepted the company had failed to ensure its workers were safe and admitted the firm had breached a notice imposed by the HSE banning work from being carried out on parts of the warehouse.
Mr Walsh’s brother Kevin, then 48, said the families were disappointed more serious charges had not been brought against the owner earlier in the legal process.
He said: “Justice has not been done. We held on in the belief there was a very faint possibility Mr Thadani could have been jailed.
“I have spoken to the families and they are absolutely devastated.”
Huge fine, but no prison
Later in 2003 the owner and his company Marketing Exchange for Africa, were fined £99,000 and had to pay £95,000 towards the costs
Judge Robertshaw said: “A careful and conscientious employer would have taken steps to assess the risk and address it.
“Needless loss of life understandably gives rise to public concern and, to those more closely touched by the tragedy, to perfectly legitimate and understandable indignation and anger.”
He said his sentencing powers were limited because the offences do not carry prison terms.
The Corporate Manslaughter Act finally came in on April 6, 2008 which means firms could be fined up to 10 per cent of their turnover in the event of a death in the workplace.
It was a terrible tragedy, but the bravery and determination of the families proved an inspiration and it was them and other families, who helped bring change which led safety improvements and building owners becoming more accountable.
The families still lay flowers each April on the site where the building once stood.
The names of Tony Laughton, Dave Jowett and Shaughan Walsh should not be forgotten and neither should the tireless campaign of their families to bring about change.