Haulage firm ‘put profit before safety’, court told
ALEADING Welsh haulage company “put profit before safety” when it falsified maintenance documents, a court heard.
Mansel Davies & Son Limited and employee Jonathan Wyn Phillips both pleaded guilty to 19 counts of creating false instruments between October, 2017, and February, 2018, relating to a number of vehicles in its fleet.
At a sentencing hearing at Swansea Crown Court yesterday, Jonathan Rees, prosecuting, explained how on January 8, 2018, one of the company’s vehicles was travelling along the A40 when it was discovered that suspension components on the off-side rear, a shock absorber, were broken, which was deemed to be long standing.
The ABS and emissions lamps were also both illuminated.
It was heard how it was later discovered that the Pembrokeshire company, which had a turnover of £25m in 2019, and Phillips, of Mynachlogddu, had produced false periodic maintenance inspection sheets for vehicles operated by the company.
Phillips had been arrested and interviewed under caution, where he admitted he had falsified records on instruction from higher management.
He accepted he knew it was wrong to do, but that he was following instructions. He would not provide information as to who the person was who instructed him to carry out the task.
The court heard the company had since made significant efforts to improve its compliance since the offences were committed.
No information was supplied regarding the circumstances of why the instructions were given to dishonestly forge the documents, however.
Mr Rees said: “It is a deliberate and flagrant course of action which has put the lives of employees and road users at risk.
“The company has put profit before safety when it skipped safety inspections on its vehicles and created false inspection records.”
Mitigating for the company, Robert Smith said: “These offences were committed over a short period of time by a company with a long history of trading. The company has a good reputation and are well known in Wales and its reputation is going to be damaged by this conviction.
“An aggravating feature in this case is that Jonathan Phillips is implicated. He is a valued employee and the company bears responsibility for implicating him in the offences which he has pleaded guilty to and is deeply regretful that has has been placed in this position.”
And Nigel Bisson, mitigating for Phillips, said: “This has been a massive learning curve for him. His previous employment was as a security guard at a holiday camp.”
He added: “He is bottom of the chain of command and has been incredibly stupid. He poses no risk of reoffending.”
Judge Geraint Walters adjourned the case until today at 11am when sentencing will take place.