South Lakes Wild Animal Park Prosecution by Barrow Council

Status
Not open for further replies.
Nisha

Nisha

Well-Known Member
15+ year member
Barrow Council have confirmed that they will be prosecuting David Gill and South Lakes Safari Zoo in connection with the death of Sarah McClay in May 2013: The court case will provisionally begin on 27th August

BARROW council officials have confirmed they are to prosecute South Lakes Safari Zoo in Dalton and its boss David Gill in connection with the death of a staff member killed by a tiger.

Barrow Borough Council announced this afternoon it is to prosecute for alleged breaches of health and safety law.

It follows the conclusion of the council’s investigation into the death of 24 year old zoo keeper Sarah Louise McClay on 24 May 2013.

On that day Sarah Louise McClay suffered fatal injuries as a result of being attacked by a Sumatran tiger.

In addition, Barrow Borough Council has commenced a prosecution in respect of alleged breaches of health and safety law following an incident in July 2014 when a zoo keeper fell from a ladder while preparing to feed big cats

There will be a further prosecution against both the South Lakes Safari Zoo Ltd and its director Mr Gill regarding an alleged failure to comply with two improvement notices, served by Barrow Borough Council.

The proceedings commenced against South Lakes Safari Zoo Ltd are for the alleged failure to discharge its duties under Section 2 (1), 3 (1) and 21 of the Health & Safety at Work etc. Act 1974 ("The Act") and Regulation 3 of the Management of Health and Safety Work Regulations 1999.

The same offences are alleged in relation to Mr Gill in his capacity of director of the company, in line with the provisions contained within section 37 of The Act.

The initial court date has been set for 27 August 2015 at 1.45pm at Furness Magistrates' Court, Abbey Road, Barrow-in-Furness, Cumbria.

The prosecution of Mr David Gill and South Lakes Safari Zoo Ltd in relation to these incidents is now a matter for the Court.

Barrow Borough Council is unable to comment further on the decision to prosecute.
North West Evening Mail | HOME | Barrow council prosecutes Dalton attraction in connection with zoo keeper killed by tiger
 
Interesting.

I was wondering only y/day what stage legal issues had reached.

Can I just make the point that with legal proceedings underway sub judice rules would suggest that we should be careful in making postings on these two matters.
 
I think people have already said enough on this matter (no matter how sad it is) an we should not comment anymore until after the court case is completed for everyone's sake.
 
SHAVINGTONZOO said:
Interesting.

I was wondering only y/day what stage legal issues had reached.

Can I just make the point that with legal proceedings underway sub judice rules would suggest that we should be careful in making postings on these two matters.
Click to expand...

adrian1963 said:
I think people have already said enough on this matter (no matter how sad it is) an we should not comment anymore until after the court case is completed for everyone's sake.
Click to expand...

I am inclined to agree; as this is a matter which is liable to get quite emotive and revive many old arguments and discussions, and more importantly is verging on a legal minefield, I feel it would be best to lock this thread pre-emptively. On discussion with other moderators they are in agreement.

However, as it *is* significant news the thread will remain visible - and any important updates will be added by moderators if and when they become necessary. If something arises which could potentially be discussed, the moderators may discuss re-opening the thread when/if appropriate.
 
The court case was today adjourned again: It will continue at Preston Crown Court in October

SOUTH Lakes Safari Zoo boss David Gill has appeared in court today charged with alleged health and safety breaches

Barrow Borough Council prosecuted the zoo and Mr Gill, the director, following its investigation into the death of Sarah McClay, who was fatally mauled by a tiger at the Dalton attraction on May 24, 2013.

The 53-year-old, represented by solicitor Mr Paul Rogers, appeared before Furness Magistrates' Court on Thursday afternoon.

He did not give any indication of plea to 14 charges - seven of which are against him, and seven against the company.

District judge Gerald Chalk adjourned proceedings to Preston Crown Court on October 23.

The council is also prosecuting Mr Gill and the zoo for alleged breaches of health and safety law following an incident in July 2014, when zoo keeper Jasmin Walker fell from a ladder while preparing to feed big cats.
Mr Rogers said Ms Walker's injuries had "fortunately been relatively low level".

The allegations also relate to alleged failures to comply with improvement notices which the council issued separately following the death of Miss McClay, 24, and the accident involving Ms Walker.

Mr Rogers argued the matters relating to the fall from the ladder could be heard at magistrates' court.

But the judge ruled that all matters should be heard at crown court.

Miss McClay's partner David Shaw was sat in the public gallery for the short hearing, which concluded after 10 minutes.

A four-day inquest held in September last year concluded Miss McClay was pounced on while working in the keeper’s corridor of the tiger house.

The male Sumatran tiger, named Padang, was supposed to never have access to the corridor, but it walked straight through a door to where Miss McClay, a former Dowdales pupil, was as she carried out her cleaning and feeding duties.

An inquest jury ruled in a narrative verdict, which did not apportion any blame.

Dalton zoo boss appears in court 
 
The upcoming court case has now been delayed again until the 13th November:

Barrow Borough Council prosecuted the zoo and Mr Gill, the director, following its investigation into the death of Sarah McClay, who was fatally mauled by a tiger at the Dalton attraction on May 24, 2013.

The 53-year-old appeared before Furness Magistrates' Court last month and proceedings were adjourned to October 23.

But the hearing has now been moved to November 13.

When he appeared at Furness Magistrates' Court, Gill did not give any indication of plea to 14 charges - seven of which are against him, and seven against the company.

The council is also prosecuting Mr Gill and the zoo for alleged breaches of health and safety law following an incident in July 2014, when zoo keeper Jasmin Walker fell from a ladder while preparing to feed big cats.

The allegations also relate to alleged failures to comply with improvement notices which the council issued separately following the death of Miss McClay, 24, and the accident involving Ms Walker.

A four-day inquest held in September last year concluded Miss McClay was pounced on while working in the keeper’s corridor of the tiger house.

The male Sumatran tiger, named Padang, was supposed to never have access to the corridor, but it walked straight through a door to where Miss McClay, a former Dowdales pupil, was as she carried out her cleaning and feeding duties.

An inquest jury ruled in a narrative verdict, which did not apportion any blame.
http://www.nwemail.co.uk/News/Barro...nged--54448158-0d4b-4574-aac5-891a8d84ca80-ds
 
The due date for the court case has come along, and further delays have been announced - the court case will now take place in June 2016! However, it will now entail a month-long trial with a preliminary hearing set for February 2016.

A MONTH-LONG trial has been set for a Dalton zoo owner who has appeared in court charged with a string of health and safety breaches after a zoo keeper was killed by a tiger.

Sarah McClay, 24, was attacked by the Sumatran tiger, named Padang, in May 2013 as she carried out her cleaning and feeding duties in a corridor of the tiger enclosure at South Lakes Safari Zoo.

She was airlifted to hospital but had suffered insurmountable injuries and was pronounced dead on arrival.

The zoo’s owner, David Gill, of Furness View, Broughton Road, Dalton, is charged with seven breaches of the Health and Safety Act - charges which are also faced by the attraction, formerly called South Lakes Wild Animal Park.

It is alleged on or before May 24, 2013, he is said to have:

- Failed to ensure the health, safety and welfare at work of employees, including Miss McClay, arising out of or in connection with the keeping of big cats.

- Failing to ensure that persons not in its employment on the above date were not exposed to risk to their health and safety.

- Failed to carry out a suitable and sufficient risk assessment in relation to the health and safety of employees and non-employees on the same date.

He also faces two counts of failing to ensure the health and safety of employees working at height in relation to an incident on July 18 in which a zookeeper fell from a ladder in the tiger enclosure.

Gill, who founded the zoo, is also alleged to have contravened two improvement notices.

He appeared at Preston Crown Court but did not enter any pleas to the charges.

Expert witnesses will be instructed prior to a plea and case management hearing which will take place at Manchester Crown Court on February 22, before High Court Judge Mr Justice Turner.

A trial, expected to last four weeks has been scheduled to take place at Preston Crown Court on June 7 2016.

A four-day inquest held in September last year concluded Miss McClay was pounced on while working in the keeper’s corridor of the tiger house.

The male Sumatran tiger, named Padang, was supposed to never have access to the corridor, but it walked straight through a door to where Miss McClay, a former Dowdales pupil, was as she carried out her cleaning and feeding duties.

An inquest jury ruled in a narrative verdict, which did not apportion any blame.
Click to expand...

Trial set for Dalton zoo boss 
 
Status
Not open for further replies.
Back
Top