Manslaughter by gross negligence

Warwickshire and West Mercia Police, Major Investigation Unit (East)

The details below describe matters related to an investigation into a possible manslaughter by gross negligence action which resulted in a death by electrocution.

I was instructed to offer expert opinion concerning the method used to generate electricity, how it was stored, converted and supplied to the static caravan;

To establish whether or not there existed within the static caravan, a mechanism by which a fatal electric shock could be received and to identify the likely cause of this hazard;

To offer expert opinion on whether or not the electrics had been competently installed and to address whether or not the installation was negligent.

If, in my opinion, the installation was negligent, whether the actions or omissions of the installer were grossly negligent and whether these actions had resulted in a person’s death or serious injury.

An initial report was provided on the 20/09/17. In the wake of further material being collected as part of the investigation, further advice was sought in a supplementary report which was provided on the 22/02/18. As the investigation develops, I feel it likely that further advice will be required.

Client comment:

“From the moment that I first made contact with Mr Kelly I have been impressed by his professionalism. Within a very short period of time he conducted a scene visit at the location under investigation, he took a number of digital images of the scene that were subsequently incorporated into his initial report that made it easy to understand. The report struck the right balance between the technical and the legal but was also written in a manner that allowed it to be understood by a reasonable person.

I have been in regular contact with Mr Kelly since his appointment, he has always dealt with any queries in a timely manner either via email or by telephone. In light of developments in the investigation further advice was sought and again this was responded to and dealt with in a very efficient manner. It is clear from the conversations I have had with Mr Kelly and the reports that I have read that he is very knowledgeable in his field.

Mr. Kelly did attend court, in total his presented expert evidence and cross-examination lasted 8.5 hours. During this time, he presented key evidence which explained in detail the premise of the prosecution case. His expertise was essential in showing that the actions of the defendant amounted to gross negligence and resulted in the jury finding the defendant guilty of gross negligence manslaughter.

Prior to Mr. Kelly’s attendance at court he had been requested to comment on the report provided by the expert witness for the defence, Mr. Kelly provided a subsequent report which address the points, he conducted a conference with the defence’s expert to discuss the areas which were disputed which resulted in the defence’s expert witness agreeing with Mr Kelly’s report.

I would recommend Mr Kelly to other police forces, he clearly has a depth of knowledge in his field, he provided an efficient service that enabled the police to interview the suspect in a timely fashion.

Mr. Kelly’s expertise has been invaluable in achieving a successful outcome for the victim’s family.”

Murder investigation

Devon and Cornwall Police, Major Crime Investigation Team

This investigation concerned the murder of an elderly lady. My initial discussions with the Police Authority sought my opinion as to whether additional evidence could be obtained from their working hypothesis that, electrical appliances may have been used by the accused person, to remove evidence (clean the property) from the scene.

My instruction included the analysis of electrical usage during a specific time-line.

Client comment:

“This investigation related to the murder of an elderly lady by her Grandson. The defendant broke into the victims house and killed her while she was in bed. Central to the investigation was the initial lack of forensic evidence linking the defendant to the killing, a clean-up was suspected. After identifying a peak in electrical usage at the property in the early hours of the morning the expert opinion of Mr Kelly was sought. Mr Kelly was able to provide evidence that this electrical usage could have only been caused by the washing machine and tumble dryer. In turn this lead to further forensic examination of the items.

This examination found the defendants DNA and victims blood within the appliance.

The report produced by Mr Kelly was clear, concise and his evidence not challenged during the trial. It was a pleasure working with Mr Kelly and I would have no hesitation in using his services again should the need arise.”

Death due to an electrical fire

Northumbria Police, Criminal Investigation Northern.

Following a house fire and the death of the occupant of the property, I was initially instructed to attend the scene, undertake an inspection of the electrical installation and compile a report on my findings affording an opinion on the possible cause of the fire.

Following the discovery of additional evidence, a further interview of an electrical contractor, I was further instructed to produce a further report on this matter.

My report concluded that, in my opinion, the electrical contractor had undertaken electrical installation works that required notification to a building control body, that the works required inspection, testing and certification. Furthermore, the condition of the existing installation, into which the electrical contractor was going to connect his additional work, should have been inspected to verify its’ suitability for continued use. The electrical contractor failed in his statutory and technical duties to undertake his work with reasonable skill and care.

Clients comment:

“Barry Kelly was instructed by Northumbria Police as an electrical expert witness in a case involving an electrical fire at a dwelling where an elderly female died as a result.

He visited the scene and carried out an assessment of the property and then compiled a report regarding the possible cause of the house fire. An electrical company had carried out work at the address in the recent months and therefore the company owner was investigated for gross negligence/corporate manslaughter.

Following the owner being interviewed Barry Kelly was asked to compile a further report responding to questions raised.

During the whole investigation Barry Kelly was very knowledgeable, thorough and professional with his approach to the reports and when giving evidence at the coroners inquest. The electrical company owner’s attitude became challenging during the inquest where he disagreed with Barry Kelly’s opinion throughout. Barry Kelly remained professional and dealt with the confrontation calmly and intelligently.

Northumbria Police have been impressed with the standard and quality of Barry Kelly as an expert in this field and wouldn’t hesitate to contact him again.”

The Coroner concluded that the cause of death was due to the effects of a fire caused by a loose electrical connection within a consumer unit which supplied the storage heaters in the home.

Cannabis cultivation site – energy theft

South Wales Police: Organised Crime Unit, Barry Police Station

On attendance by Officer’s from the South Wales Police Authority, this significant three storey commercial (ex-Funeral Home) property was found to have had recent electrical installation works undertaken. Three individuals were found at the property and were detained by the Police for interview.

The nature of the recent electrical works consisted of 3No new consumer units, 12No plywood boards, located around the property, containing either 6No or 8No double socket outlets. It was noted that the electrical connections into the supply authority’s facility by-passed the required meter connections, and the routing of the supply cables to the power boards was effectively clipped direct to walls, through doorways, effectively being screwed into any handy timber architraves (often in doorways thus preventing the doors operation).

I was instructed to offer expert opinion relating to the nature of the [new] electrical installation work at the above property; to determine whether this type of work is typical of domestic (dwellings), commercial or other installations which I have seen, including the number and arrangement/layout of socket outlets, consumer units and other wiring and equipment.

In my experience, the typical modus operandi for setting up a cannabis grow/farm, is established by connecting the electrical systems for the grow directly onto the incoming live/energised cable which by-passes the consumers meter (i.e. no monitoring of electrical usage); although this negates the required protection from electric shock and/or protection against fire from the installations/consumers protective device(s) i.e. fuses/circuit breakers.

This situation was extremely dangerous, illegal and I concluded that it was my opinion that this installation had been installed with the sole purpose of facilitating a cannabis grow.

Client comment:

“Mr Kelly assisted South Wales Police in an investigation into a large cannabis factory which was in the process of being constructed in a dis-used property. Mr Kelly examined video footage and photographs of the scene along with the measurements and descriptions from the Crime Scene Investigators and the accounts provided by the defendants who claimed to be carrying out legitimate electrical work.

Mr Kelly provided a detailed report commenting on all aspects of the electrical set up and gave opinion that the set up was not legitimate for several reasons which he outlined, not just in his technical report, but also in a summary which would leave a Jury capable of understanding his opinion and the rationale for reaching it.

The defence contacted their own electrical expert to attend the scene, who had been provided with Mr Kelly’s report, however, the defence expert was unable to raise any evidential points to oppose Mr Kelly’s opinion.

Despite the absence of cannabis at the scene, the defendants entered guilty pleas to the production of cannabis on the strength of the evidence against them”.

Suspected murder

South Wales Police, Major Crime Investigation Team, Bridgend Police Station

Following the death of a child and claims from a defendant that she was asleep during various stages of events and that lights switching on and off throughout various time periods, were due to electrical faults and the installation of detectors controlling the lights, I was instructed to undertake an inspection of the electrical installation and to compile a report on my findings.

My report concluded that the electrical installation was rewired in 2018, was found to be fully operational and contained no such detectors causing the lights to operate automatically.

Client comment:

“Mr. Kelly responded promptly to our request, travelling a great distance to our scene with little notice. Mr. Kelly was extremely knowledgeable and professional, answering all our queries and providing the evidence we required.

Mr. Kelly provided a full and comprehensive report covering all the points we required and more. His report was professional, well written, and was again provided promptly.

Mr. Kelly was not required to provide evidence during the trial, but his comprehensive report prevented the defence teams from relying on certain lines of defence previously mentioned by one of the defendants.

I would certainly use Mr. Kelly again as an expert advisor.”

All three defendants were found guilty of murder and preventing the course of justice. They were all sentenced to life imprisonment.

Electrocution at a cannabis cultivation site

Lincolnshire Police, Boston CID

Following the death of a male from a suspected electrocution and with evidence of cannabis cultivation, I was instructed to attend a property and undertake an inspection of the electrical installation in order to compile a report on the condition of the electrical installation and to determine the likelihood of such an electrocution occurring.

My report concluded that the evidence obtained identified that the condition of the electrical installation was immediately dangerous and a mechanism by which a fatal electric shock could be received did exist within the installation relating to the cannabis cultivation.

Client comment:

“Officers from Lincolnshire Police contacted B M Kelly and Associates Ltd after a deceased male was located within a property. Police had serious concerns in relation to the electrical installation at the property and required an expert witness in this field to assess the electrics at the address and provide an in-depth report into the findings.

From the first conversation with Mr Kelly, it was clear that he knew exactly what was required and we were confident that this was going to be provided in a timely manner.

Mr Kelly’s knowledge in this field is clearly immense, he is a highly professional individual who undoubtedly prides himself on attention to detail, thoroughness and knowledge in this line of work.

His report was not only exactly what we had asked for, it was impartial, accurate, detailed and on time.

We would most certainly call upon B M Kelly and Associates Ltd in the future and would recommend them to all.”

Unexplained death

Hertfordshire, Bedfordshire and Cambridge Major Crime Unit, Hertford Block, Hertfordshire Police

In response to concerns raised during postmortem examinations of the deceased, relating to the presence of various electrical items attached to the body, I was instructed to undertake an inspection of the electrical installation at the property, in order to afford my opinion in considering the possibility that the deceased was electrocuted and whether such an electrocution could have been the cause of death.

Client comment:

“An investigation into a sudden death of a male to which the male was found badly decomposed in a flat. The male lived alone, and police had to force entry During the investigation it was noted that the male had numerous amounts of wiring either wrapped on or around his body, the question then led to if this wiring was part of the causation of death? Was this death suspicious? Was this a suicide? Also were there health and safety issue to take into account?

Through the NCA we used Mr Barry Kelly to attend and assist with the questions as asked above. Mr Kelly duly attended with my crime scene manager and scenes of crime officer. After a day of examination, a verbal report was given to myself that made it quite clear that the electrical system within the flat was in good order, and that even though there had been some ‘different’ electrical works they all conformed to standard even though they may have looked somewhat unusual to the forensic team attending in the first instance.

Mr Kelly then provided a full statement including photography to back up his case that there were indeed no suspicious circumstances for the police to concern themselves with on this occasion.

Mr Kelly’s report was then added to the full report to HM Coroner for Bedfordshire who was then able to conclude that this was in fact a death of Natural Causes and that any issue of electrification had been negated.

I would not hesitate to use Mr Kelly in the future, his attendance and report were all delivered as promised in a timely manner”.

Criminal damage with intent to endanger life.

Merseyside Police

An incident occurred on a building site, where a mini-digger was driven into the reception area of a recently completed Hotel. The Defendant used the mini-digger to cause damage to the general construction and materials of the building, including the energized electrical installation within the Hotel.

Numerous workers were present during this event and were put in danger. The workers took it upon themselves to record the events and post it on social media. I understand that the amount of damage caused has been valued at £443,442.19.

Client comment:

“Merseyside Police selected Mr Barry Kelly of B.M. Kelly Associates Ltd. Mr Kelly who showed his expertise and professionalism from the first contact and throughout the investigation. Details of what was required was provided in a face-to-face meeting and a strategy of the way forward was planned with a very short time scale.

An extensive report was provided which was detailed and included evidential points to prove which were irrefutable. This evidence provided by Mr Kelly was served on the defence in preparation of the forthcoming trial.

The case was listed for trial at Crown Court for Monday 2nd September 2019, estimated for 3 days. On the first day of the trial the defence counsel were informed by Detective Constable Chandler that Mr Kelly will be attending the court on the second day of the trial to give his expert evidence. The accused subsequently changed his plea to ‘Guilty’ to the serious offence of Criminal Damage reckless as to endanger the life of persons present. The Defendant was subsequently remanded into custody and a date was set for sentencing on Friday 1st November 2019.

It is in no doubt that without the expert evidence provided by Mr Barry Kelly, the accused would not have changed his plea to Guilty. This prevented a 3-day trial taking place at Crown Court and brought together a successful prosecution for a serious offence”.

Civil action

Mr Conall Corrigan, Consultant Solicitor (retired)

This claim had been in progress for over ten years when I was instructed and related to two parties in dispute. The Claimant was contracted to provide and install mobile phone enclosures to be used by emergency services.  The Defendant subsequently claimed that this work was negligently carried out and/or that the goods supplied were not of adequate quality.

The Claimant sought particulars from the Defendants of the allegations and obtained some responses, although these appeared to be inadequate. In addition, there were other parties in the contractual matrix. There was no single contractual document setting out the respective obligations of each party but rather the terms of the contract had to be gleaned from the various steps taken and e-mail exchanges.

A prototype sample system was prepared and approved by the Defendant and it then went into production by the Claimant.  However, problems arose in connection with the units.  The Claimant complained that third parties kept changing the specification of the system although it was ultimately agreed to carry out remedial work to the system but without an admission of any liability, but with a view to maintaining good customer relations with the third party.  Unfortunately, these discussions were not concluded and further, an additional third party was contracted to carry out remedial works.

In essence an independent view of the Claimants performance, the nature of their instructions and the lack of any input in the design element of this contract was required on behalf of the Claimant.

I was advised that ultimately, I would be required to attend a hearing in the High Court, Belfast.

Client comment:

“This firm instructed Barry Kelly as an expert in a civil action. From the outset he impressed with his speed of response, professionalism, and friendly manner. He met the client in whom he installed a sense of confidence that he was entirely conversant with all the issues and had formed an early cogent and coherent critique of the opposing expert’s opinion.

He continued to deal with his task proactively and was crucially instrumental in achieving a successful outcome for our client. In short, without his input, I doubt whether we could have achieved this result.

His manner throughout the progress of this case was poised and he was available, often at times outside the normal working week, to answer queries which arose.

I would have no hesitation in using his services again should the need arise and recommending him to colleagues as a extremely competent expert in his field.”

Fire in an industrial warehouse

Clyde & Co LLP, The St Botolph Building, 138 Houndsditch, London EC3A 7AR.

Following a fire in an industrial warehouse, I was initially instructed to undertake a desktop review of documents as provided; to prepare a brief preliminary opinion to confirm, for the avoidance of doubt, whether or not the insured person had complied with the terms (i.e. requirements for an electrical installation condition report) under the policy at the time of the fire.

I was subsequently instructed to attend a site meeting to discuss the technical issues arising in this case with all the parties (including the various insurance loss adjusters). The insured person vigorously challenged the expert’s opinion during the site meeting, offering his alternative theories which could not be supported technically.

The decision reached by the Loss Adjuster, on behalf of the Insurance Company, was that the person insured had not satisfied the terms of his insurance policy and his claim was therefore denied.

The insured person then complained to the Financial Ombudsman Service (FOS) and has recently been informed of the final decision, based upon the evidence, that his complaint has not been upheld.

Clients comment:

“Barry’s input was invaluable in dealing with complex electrical engineering issues and testing requirements. He prepared a detailed expert report which explained the position well and considered all the available evidence. The report was relied upon by the FOS in reaching a favourable decision on policy coverage for Insurers.”

Fire at a retail market

Clyde & Co LLP, 3140 Rowan Place, Oxford Business Park, Oxford OX4 2WB

The case concerns an insurance claim following a fire at a large indoor and outdoor retail market. The fire originated from one of the units at the market and our client’s unit suffered damage and substantial loss arising from the fire. The evidence pointed to an electrical fault.

Client comment:

“We sought independent expert advice from B M Kelly and Associates Ltd in respect of the electrical fault itself and the adequacy of an electrical inspection undertaken by an electrical contractor in the months before the fire.

B M Kelly and Associates Ltd have provided us with clear and comprehensive expert advice which has assisted us greatly in formulating and proceeding with a legal claim against the electrical contractor. B M Kelly and Associates Ltd benefit from both extensive expertise in the electrical industry and a strong grasp of the legal position.

Mr Kelly of B M Kelly and Associates Ltd has undertaken a review of the records and evidence and has provided us with a thorough report on the likely cause of the fire and a number of issues arising from the electrical inspection. He continues to advise throughout the claim on the viability of the arguments put forward by the electrical contractor and has advised on documents and information we should request from the electrical contractor.”

Historical murder enquiry

Stirling Police Scotland, Major Investigation Unit, Randolphfield Police Office, Stirling

This instruction related to a long term historical murder enquiry requiring an opinion relating to a number of evidential electrical components including a piece of electrical cable, and an electronic transformer/convertor used in neon lighting signs.

A detailed instruction consisted of a technical analysis of the evidential components, questions relating to whether the cable could be used in the construction and operation of neon signage and the requirement to produce a short video explaining the operation requirements of a neon sign, including the identification of all necessary component parts.

Client comment:

“We instructed Mr Kelly as an expert witness on electrical matters and specifically someone who can give an opinion on the uses of a specific electrical cable.

I initially met Mr Kelly when a colleague and I took the available historical evidence to his office, where he undertook his inspection of the electrical equipment. Mr Kelly was easy to deal with and it was clear that he understood the detailed, technical issues required in this case.

Mr Kelly’s report was clear, concise, fully supported with manufacturer’s data and this coupled with his video presentation, enabled non-technical people to understand the complicated technical issues in a practical manner.

We would not hesitate to use the services of Mr Kelly in the future”.

Fatal house fire

Swansea, Neath and Port Talbot Police Authority, Criminal Investigation Unit

Following a house fire at a domestic property resulting in the death of a child and his father, I was instructed to attend the scene and carry out an inspection of the electrical installation in order to consider the possible cause of the fire.

It was noted that electrical equipment, likely from the seat of the fire, had been removed by the fire investigating team for inspection and analysis. Unfortunately, this prevented me inspecting this electrical equipment, or indeed commenting on the potential cause of the fire.

However, I was able to determine that the condition of the main electrical infrastructure was in a good, fully compliant condition, whilst numerous additions and alterations had been undertaken by a third party where the anomalies existing within this work identified a lack of knowledge, skill, care and experience of statutory and technical requirements relating to fundamental matters of electrical safety.

Upon completion of the inspection, I was further instructed to produce a report identifying my findings. I based this the details of this report on BS7671: 2018 Requirements for Electrical Installations, IET Wiring Regulations (BS7671).

Client comment:

“As a Senior Investigating Officer with South Wales Police, I have recently used Mr Kelly’s services for the investigation of a fatal house fire. Although I was also using the services of a forensic scientist, it was essential I had an independent inspection of the electrical system within the premises.

Mr Kelly carried out a site visit within tight timescales and provided a clear and concise line of communication. I was provided with understanding and was I reassured as to the service that Mr Kelly could provide. I was sure his findings would be essential to the investigation.

Mr Kelly identified numerous alterations to the electrical system throughout the property which were not to the required standard. This provided the investigation with direction and gave the investigation team expert opinion in the form of a detailed report to present to the coroner.

I will certainly use BM Kelly and Associates Ltd on future cases and it was reassuring to be provided with a high quality of service.”

Inspection and report for Distribution Network Operator

Distribution Network operator (DNO), Western Power Distribution Network

Following a number of issues relating to the electrical installation (i.e. alleged damage to electrical equipment) at a rural property, I have been instructed by a Distribution Network Operator (DNO) to attend the site and carry out a visual inspection of the electrical installation and compile a report on my findings.

The site visit was subsequently arranged and undertaken, the installation was energised and the property was occupied during the inspection. I did not undertake a full inspection of the whole property.

I explained that I intended to carry out a visual inspection in an attempt to determine why, where possible, electrical equipment may have been damaged previously. In order to assist my inspection, I requested copies of any Electrical Installation Certificates (EIC) and/or Electrical Installation Condition Reports (EICR) relating to any electrical works, or inspections undertaken on the electrical installation at the property.

The occupier of the property said that he had no copies of any such documents, although there had been a significant amount of works undertaken on the property over the years parts of the property had effectively been knocked-down and rebuilt some 10 years ago.

Client comment:

“Following many exchanges with my customer relating to post fault damage, I contacted Barry Kelly of B M Kelly and Associates Ltd to assist. Barry was very meticulous and detailed in his approach and was soon able to determine the cause of the damage which was not linked to the Distribution Network).

Barry produced a compressive and detailed account of his findings which assisted to resolve matters with my customer. Barry is an expert in his field, and a pleasure to work with.”

Championship football club

Following the replacement of a (Championship) Football Stadium, Floodlighting system and the failure of the system operate as required, I was instructed by the Football Club to assist them in resolving the electrical technical anomalies of the floodlighting system (i.e. Alternative Dispute Resolution).

I initially requested copies of the electrical design and certification to review and ascertain whether the information was complete and compliant with the technical requirements. It was evident that the design and certification was incomplete and that the refurbishment of the floodlighting system had merely removed and replaced the existing floodlighting fittings.

Numerous meetings were held with the electrical contractor and eventually the whole system was operational and certified appropriately.

Client comment:

“I can confirm that we instructed Barry Kelly of B M Kelly and Associates Ltd to act as our Electrical Consultant after the replacement and upgrade (to an LED system) of our floodlighting system.

Mr Kelly was quickly able to review the inadequate documentation supplied by the electrical contractor, identify the technical requirements for such a system and specifically evidence where the electrical contractor had failed to satisfy the design and installation requirements.

Mr Kelly’s knowledge and experience were evident throughout and his ability to show and explain the requirements and failures directly to the parties was impressive.

We would have no hesitation to use or recommend the services offered by Mr Kelly.”

Lighting system on a transportation bridge, Scotland

A number of electrical anomalies were identified within the electrical installation that were affecting the performance of the electrical lighting systems.

I was instructed to carry out a number of site visits to inspect aspects of the electrical installation to determine whether I could identify if any technical issues present. Any findings were to be included in the compilation of a number of expert reports.

The reports concluded that the electrical equipment had not been adequately installed i.e. not suitably protected from water ingress, which resulted in the failure of lighting systems.

Client comment:

“ZG Lighting UK Ltd instructed Barry Kelly to undertake various investigations at the Queensferry Crossing and submit a report on lighting products supplied and installed by others.

Barry swiftly undertook the works and provided ZG with a comprehensive report, in a timely fashion.

Barry’s knowledge and expertise and the quality of his work was superb throughout the instruction. The reports generated by Barry were conclusive and pivotal in resolution of disputes.

His communication with myself and other key internal stakeholders within ZG was exemplary and we have subsequently instructed Barry on further occasions to undertake works on behalf of ZG due his level of engagement, quality of work and Barry’s can-do attitude.

If the opportunity arises again in the future to utilise Barry’s services, we will certainly not hesitate to do so.”