Roger Petherbridge

“Public perception of a company that has been investigated or prosecuted for corporate manslaughter could be negatively affected”

Companies could find themselves facing tough questions from the police if an employee kills someone in a crash. Nearly a third of all road fatalities involve people driving whilst at work, and Hampshire Constabulary is highlighting to employers that they have a duty of care for their driver workforce.

The introduction of the Association of Chief Police Officers’ Road Death Investigation Manual in 2001 played a significant role in this – introducing a complex investigation process to ensure that every life lost on the road was investigated thoroughly and effectively. It was the introduction of the Road Death Investigation Manual that led to Hampshire Constabulary’s Road Death Investigation Team (RDIT) being created. Previously, crash investigations nationwide were given fewer resources than criminal investigations, despite 3,500 people dying on roads across the country each year (four times more than those killed in crime-related incidents).

Road deaths are now always investigated to the same level as murders in order to ensure that the full circumstances are considered. It’s this that leaves companies open to being investigated if an employee driving a company vehicle or, while at work, crashes and kills someone. Poorly-maintained vehicles and failure to ensure that drivers are working proper hours and taking appropriate rest periods could leave managing directors, mechanics, or people in positions of responsibility accountable if an employee crashes whilst driving a company vehicle. In the eyes of the law, gross negligence of this kind can lead to any of these people being investigated and prosecuted for corporate manslaughter. The maximum penalty for corporate manslaughter is life imprisonment.

But it’s not just the legal implications that could affect a company – public perception of a company that has been investigated or prosecuted for corporate manslaughter could be negatively affected. This, in some cases, can have a bigger impact on companies, especially small businesses, than the outcome of a trial. Bad PR could leave customers/clients wary about using the company, and employees seeking work elsewhere.

Preparations for Hampshire’s RDIT began in October 2003 and months of work were ploughed into its creation. The team of highlyskilled officers underwent intense training, providing them with the skills to investigate the most complex fatalities effectively. Senior officers in the RDIT also visited other forces, including the Met, Essex, Sussex and Surrey, and liaised with a number of other forces across the country to see how road deaths are dealt with nationally. They also worked closely with CID, MIR and scenes of crime internally, with the view to achieving best practice. In May 2004, the nine-strong team was launched forming the first dedicated team of its kind in the country.

Providing support to roads policing officers across the constabulary’s Roads Policing Unit (RPU) the team itself has bought a new dimension to road death investigation across Hampshire. Having undergone specialist training RDIT officers act as tactical advisers to other members of the RPU, and take on the most complex investigations, such as manslaughter, death by dangerous driving and fatal hit and runs. The officers take a “CID” style approach to investigations – using their training in major crime as a guide.

The intense training method has brought the team success on many occasions since its launch – securing convictions, and working with outside agencies, such as the Health and Safety Executive and the Vehicle Inspectorate, to carry out investigations and make recommendations to companies.

To date, the RDIT has taken on 25 investigations of which 15 have been completed and gone through the courts with 10 still “in progress”. However, as well as these investigations, the RDIT is called out weekly to help with investigations from RPU bases and offer tactical advice. One case, Operation Aylsham, which formed a pre-cursor to the development of the RDIT, saw a proprietor and foreman of car transporter company, CarTrans, investigated for corporate manslaughter and conspiring to pervert the course of justice. Its driver, Michael Roberts, 40, of Rotherham, was convicted of manslaughter, after 78-year-old Joyce McVey was knocked down by a car transporter in Southampton when the brakes failed in September 2002.

Road deaths are now always investigated to the same level as murders

“The depth of the investigation showed what companies could face if one of their employees kills someone while driving at work”

The case, one of the biggest crime investigations that’s taken place in the history of Hampshire’s Roads Policing Unit, took two years, and 10,500 hours of police time. During the early part of the investigation, the constabulary and the Vehicle Inspectorate conducted a joint examination of the transporter, which resulted in the blame-worthiness of the company being brought into question. The results showed that the vehicle’s trailer unit had severely maladjusted brakes, decreasing not only their braking efficiency, but that of the entire vehicle combination. It was during a series of roller brake tests that police discovered that the brakes on the transporter involved in the crash were so badly out of adjustment that they were only working to 7% of their efficiency. The legal requirement is 45% efficiency.

Although CarTrans proprietor, Paul Duckmanton, and foreman, Terrence Gleadall (now deceased) were cleared of the manslaughter charges, the depth of the investigation showed what companies could face if one of their employees kills someone while driving at work. Officers leading the investigation seized all manner of documents from the company during the investigation, including those relating to the servicing of CarTrans vehicles. On examination of these, the service records of the transporter involved were found to be false, and around 20% of the company’s documents were found to be either inaccurate or false over a two-year period.

After two trials, Duckmanton and Gleadall were acquitted of manslaughter, but were both found guilty of two counts of conspiring to pervert the course of justice. Duckmanton received an eight-month prison term for each count of perverting the course of justice. Gleadall received four months for each count. Driver Michael Roberts pleaded guilty to manslaughter, and received a 12-month prison sentence.

Operation Aylsham is typical of the level of investigation that the RDIT takes on. Having a dedicated team, which is removed from everyday roads policing duties, means that complex fatal crashes can be investigated thoroughly and effectively. The team has investigated many high-profile cases since becoming operational in May 2004, with unprecedented successes. Since being created in 2004, the team has expanded due to its success, and increasing pressures from the level of investigation carried out. The team now consists of one inspector, three sergeants, nine PCs, and three civilian investigators. There are also plans to increase the size of the team further, with the use of detectives within the team a future possibility.

The brake comparison pictures from Operation Aylsham – the top section shows the braking distance of a well-maintained sister car transporter – the bottom section shows the braking distance of the car transporter in Operation Aylsham, which had defective brakes

“Without ensuring that staff are complying with drivers' hours and vehicles are maintained to a good standard, businesses could find themselves subjected to long investigations”

Inspector Roger Petherbridge, who leads the team, says: “The RDIT was set up to ensure that a consistent level of investigation is carried out in the most complex fatal incidents. The force has always had an expert forensic crash investigation unit (CIU), but this is the first time it’s had a dedicated team to carry out the other parts of the investigation. “Working in conjunction with the CIU, the RDIT is helping to professionalise the investigation process. The team’s creation means other officers on the RPU are able to focus more on its four core policing areas – reducing casualties, tackling criminality, providing public reassurance, and supporting other areas of the constabulary. “Importantly, the RDIT also works with outside agencies, such as the Health and Safety Executive, to make important recommendations to others if an investigation highlights improvements that could be made.”

Today, many companies remain unaware of their duty of care to their driver workforce. However, without ensuring that staff are complying with drivers’ hours, and vehicles are maintained to a good standard, businesses could find themselves subjected to long investigations by teams like Hampshire’s Road Death Investigation Team.