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.”

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.