M5 fireworks man cleared

THE FIREWORK contractor in charge of a display held on the night of a motorway crash in which seven people died and 51 were injured spoke yesterday of his relief at being cleared of breaching health and safety laws.

Geoffrey Counsell, 51, said he believed the decision to prosecute him after the pile-up on the M5 on November 4 2011, when about 30 cars were engulfed by smog, was “motivated by a desire to find someone to blame for this terrible accident, simply for the sake of doing so”.

Speaking outside Bristol Crown Court, he said: “I would like to start by expressing my sympathy to all those who were affected by the terrible crash on November 4 2011.

“I have been through an appalling experience over the last two years, yet I recognise that my misfortune is as nothing compared with that of those bereaved and injured as a result of that accident.”

A judge directed the jury to find Mr Counsell not guilty of a single charge of failing to ensure the safety of others contrary to the Health and Safety at Work Act.

Mr Counsell was originally charged with seven counts of manslaughter, but they were dropped earlier this year and instead he faced the health and safety charge.

Mr Justice Simon ruled yesterday that Mr Counsell had “no case to answer” following an application from the defendant’s barrister made at the halfway point in the trial.

The judge said the prosecution’s case was based on “hindsight” and there was not sufficient evidence to show that Mr Counsell ought to have foreseen that smoke from the display could have drifted and mixed with fog to create thick smog.

Pictures: PA. Above: Geoffrey Counsell, right, stands with Gavin Reese, a member of his legal team, as he reads a statement to the press outside Bristol Crown Court. Below: The aftermath of the tragic accident in November 2011.