GIVE US JUSTICE

Technical troubleshooter Christopher Shute, 30, of Winchester Road, Shirley, Southampton, died trying to stop the paint collector overflowing at the Swaythling Transit Van plant.

Ford was yesterday fined a total of £300,000 and ordered to pay £46,688 costs, after the company pleaded guilty to two offences under the Health and Safety Act.

Mr Shute worked for Philip Services (Europe) Limited and its two managers, Peter Preston, 51, of Rowen Park, Blackburn and Paul McKenzie, of Beechwood Avenue, Hartford, Cheshire, were each fined £5,000 after pleading guilty to failing to ensure the safety of their employee.

The pair had denied charges of manslaughter which were later dropped by the Crown Prosecution Service.

Yesterday, passing sentence at Winchester Crown Court, Mr Justice Stuart McKinnon said: "This was an entirely unnecessary accident and death and one which was waiting to happen given the unrestricted access to the tank, slippery conditions, the removal of lids which were taken off and not replaced and overfoaming."

Referring to the penalties given to Preston and McKenzie, Mr Justice McKinnon said: "The fines are low, that is certainly true, but they are related to the defendants' means and are not in any sense intended to put a value on the loss of human life."

But Mr Shute's sister, Anne Gundry, 35, of Durlston Road, Millbrook, Southampton, slammed the penalties and said: "They do not reflect the severity of the case. It is a small price to pay for my brother's tragic death. It was totally preventable."

She told the Daily Echo that the family would be pursuing civil proceedings to get full compensation and justice.

Mrs Gundry said: "This is the only road we can take. We want justice for Christopher and we feel there are a lot of unanswered questions.

"We are now pressing for a full inquest to find out why Christopher died."

The court had heard how there had been problems with the 1.9 metre deep tank that often led to paint overflowing.

Mr Shute and other workers had been forced to climb up on ladders on the lid to check the foam levels and take readings and samples.

Mr Justice McKinnon said that despite one worker falling into the tank when it was being cleaned shortly before Mr Shute's death - in August 2000- Ford and the managers did not change the system of work.

The family's lawyer Michael Napier said they called on Home Secretary David Blunkett to implement his recent announcement that the government will fulfil its promises to introduce a new offence of corporate killing.

He added: "The fine on Ford is significant but the family feel it does not reflect the seriousness of the complete failure of Philips Services to risk assess the tank following a similar incident."

Jonathan Laidlaw, representing Ford, said: "Ford deeply regrets the loss of Christopher Shute's life. The company are extremely sorry that a man who was doing no more than his job lost his life at its premises at Southampton."

The court heard that since the incident the company had introduced a substantial programme of change to ensure that such a tragedy would never happen again.

Ford, who had offered it sincere condolences to the family and friends of Mr Shute, said it had taken action to prevent a similar incident happening at any of its plants worldwide.

Preston and McKenzie had through their counsel expressed their deep regret that the incident had led to such a tragedy.

In a statement Preston said: "I deeply regret Chris Shute's untimely death. He was a friend as well as a colleague and I feel extremely sorry for his family struggling to cope with this tragedy.

"With hindsight other working practices may have been adopted, however hindsight is an exact science, working practices are not.

"In our different ways everyone involved in this tragedy will have to cope with it for the rest of our lives.

"But now that the court proceedings are over the cloud under which I have had to live for the last 18 months is lifting and I can start to rebuild my life."