The Courier & Advertiser (Perth and Perthshire Edition)
UK hit by legal threat for failing to penalise cheat Volkswagen Pal gave thumbs up seconds before death
Tree cutter relives moments that led to friend being crushed in front of him
The UK is one of four countries facing legal action by the EU for not imposing penalties on Volkswagen over its use of software in diesel vehicles to cheat emissions tests.
It is also accused of refusing to disclose all the technical information gathered in its investigations into the scandal.
The controversy began on September 18 last year when US regulators told VW to recall 482,000 diesel cars after discovering they contained illegal defeat devices.
The Environmental Protection Agency said the software allowed cars to release fewer smog-causing pollutants during tests than in realworld driving conditions.
It then emerged that about 11 million cars were fitted with the software, including 1.2m in the UK.
The European Commission, which enforces EU law, is taking legal action against the UK, Germany, Spain and Luxembourg for not penalising the manufacturer.
Meanwhile, the UK and Germany are also accused of breaking the law by not handing over all the results of Volkswagen broke the rules. their inquiries into potential nitrogen oxide (NOx) emissions irregularities in cars by VW and other manufacturers.
A letter of formal notice has been sent to the countries, which have two months to respond.
EU Internal Market Commissioner Elzbieta Bienkowska said: “Abiding by the law is first and foremost the duty of car manufacturers. But national authorities across the EU must ensure that car manufacturers actually comply with the law.”
Alan Andrews, a lawyer at environmental law firm ClientEarth, said: “Legal action like this is not a common occurrence. It shows the Commission thinks the UK has been far too timid in taking on the car industry over this scandal.” A man yesterday told an inquiry how a life-long friend gave him a thumbs up signal seconds before he was crushed to death by a falling tree.
John Phillips died aged 29 on land owned by pal David Cochrane’s family in rural Angus.
Mr Phillips –who worked as a tree cutter – and Mr Cochrane were felling trees beside a road at Auchindorie Farm, near Kirriemuir, when the tragedy occurred on March 14, 2013.
Mr Cochrane told a fatal accident inquiry at Forfar Sheriff Court that he had been operating a Caterpillar Telehandler machine attached to the trees they were cutting by a wire.
He said Mr Phillips used a chainsaw to fell them.
The inquiry heard Mr Phillips was only trained to cut trees up to 380mm wide – but that the tree he was working on was 1100mm wide.
However, a Forestry Commission expert said he had been using the correct tools and techniques.
He added that the tree had fallen in an unexpected direction, landing directly on top of Mr Phillips, because a “hinge” piece of wood had been “compromised” during cutting.
Mr Cochrane said he had known Mr Phillips since childhood and their families had been friends for years.
Speaking of the moment his pal was killed, 32-year-old Mr Cochrane said: “The wire rope was attached to the tree quite high up.
“I was in the telehandler, which was attached to the other end of the wire, around 60 metres away.
“He gave me the thumbs up and I began to move to pull the tree down towards me.
“Instead of coming towards me the tree broke away from the stump and fell the wrong way.
“There was no going back once it had broken off – there’s nothing you can really do. “It could have fallen in any direction. “It was very, very quick – all within two or three seconds between the tree coming down and landing.”
Mr Cochrane added: “Once it broke John tried to run away.
“He was running away to try and get himself clear.
“The tree landed on the ground on top of John.
“I detached the rope and drove the telehandler over and used it to lift the tree Tributes at site where John was killed. clear of John. I just lifted it straight up and left it suspended.
“I was shouting to see if I got a response but when I got to him there was no pulse.
“I could see by the damage caused by the tree that there was nothing I could have done.
“The tree came down on top of him and pinned him to the stump of the tree we had done previously.
“I’ve gone through the moment thousands of times in my head but there’s nothing I could have done.”
Sheriff Gregor Murray said he would give his determination in writing in the next two weeks.
He said: “These inquiries are not here to establish blame but to try to learn from it for the future if we can.
“It is clear from the evidence that this was a genuine tragedy which I don’t think anything beyond Mr Phillips’ actions could control.”
Friends of Mr Phillips paid tribute to him on social media in the aftermath of his death.
Leanne Coupar wrote: “They always take the good ones – you will be very sadly missed.”
And Mark McIntosh added: “Worst news possible – crazy how things can change mate, going from speaking to you to hearing the news hours later.”