Firms fined over £1m after workman 'buried alive'

Two businesses have been fined more than £1m over the "horrifying" death of a labourer who was buried alive.

Gheorghita Arsene, 33, was fatally crushed when a deep trench collapsed and covered him in soil while working on a construction site in Banstead, Surrey, in June 2020.

Appledorn Developments and T Vaughan Limited (TVL) were found guilty of a charge under the Health and Safety at Work Act 1974 following a three-month trial at the Old Bailey.

Contracts manager Anthony O'Connor admitted the same charge of failing to discharge his duties.

Judge Judy Khan KC fined the now-defunct Appledorn £500,000.

She said they had failed to ensure a safe system of work, "motivated by the desire to get things done quickly and cheaply".

TVL was fined £650,000 - plus £40,000 in costs - as the judge said it had not "sufficiently adhered to or implemented" systems in place.

O'Connor was sentenced to 10 months in custody suspended for 18 months, alongside 150 hours' unpaid work.

The judge said the 42-year-old from Romford had "actual foresight" there was a risk of harm.

Jurors failed to reach a verdict on whether he was guilty of manslaughter.

"Gheorghita Arsene's death was as horrifying as it was preventable," a Health and Safety Executive spokesperson said.

"Basic precautions were not in place to protect workers from the well-known risks that come with excavation work.

"This case is a stark reminder that when basic safety standards are ignored, the consequences can be fatal.

"Companies and individuals alike have legal duties to protect workers."

In a statement, Arsene's mother Ienuta said he was a "good man" who was trying to support his family.

He had phoned her on the day of the accident and said he was afraid the ditch - which was 10ft (3m) deep - would cave in.

Ienuta added that "nothing is the same any more" following her son's death.

"I have a depression that is eating me away and a constant feeling of loneliness," she said.

"Everyone in the family was devastated by Gheorghita's death."

Arsene had been clearing soil when, without warning, one or more of the trench walls collapsed.

His colleague ran for help and desperate attempts were made to get him out and clear the soil from his face and body.

Fire and ambulance crews were called, but paramedics' efforts to revive the Romanian national were hampered by the weight of the soil and difficulties in digging him out.

Inspectors found the trench did not have any supports and excavated soil had been deposited unsafely close to it, according to Surrey Police.

Mitigating for O'Connor, Mark Balysz KC said he was sorry for the tragedy of Arsene's death and his role in it.

"He clearly regrets the catastrophic mistake he made," he said.

Prashant Popat KC, who was representing TVL, added everything was done "as safely as possible", with the company spending nearly £3m on health and safety.

Appledorn, which was not represented in court, went into liquidation in 2023, the court heard.

Site manager Peter Wraith, 54, from New Waltham in Lincolnshire, was found not guilty of manslaughter.

Meanwhile, assistant site manager Gregory Peake, 51, from Bromley in south-east London, was acquitted of failing to discharge his health and safety duty.

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