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Bristol Post
Bristol Post
National
Geoffrey Bennett

Glazing firm boss cleared of killing dad who suffered fatal fall at Cribbs Causeway

A glazing firm boss charged with killing his father who died in a fall at Cribbs Causeway has been cleared of manslaughter.

A jury at Bristol Crown Court was told Arthur Harbutt (known as Archie), 78, fell backwards from a scaffolding platform when helping to manhandle a glass panel to an upper level of a Go Outdoors shop being refurbished.

He landed on a concrete floor and suffered unsurvivable head injuries in March 2018, the court heard.

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The deceased's son Garry Harbutt, 54, of Oldbury in the West Midlands, denied a charge of manslaughter by gross negligence but the company pleaded guilty to an offence under the Health and Safety at Work Act 1974.

Harbutt further denied the offence was committed with his consent or connivance or was attributable to his neglect.

Today (January 25, 2022) after just over four hours' deliberation a jury cleared Harbutt of manslaughter but convicted him of the neglect charge.

Trial judge William Hart adourned sentence to a date to be fixed.

He told the jury: "A sad case for everybody involved.

"What a terrible way for Archie Harbutt's long life to end.

"The only consolation was he was with his son, doing the job he clearly loved.

"It should never have happened.

"I entirely understand the verdict at which you have arrived."

Harbutt told Bristol Live: "I'm glad its all over."

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Earlier the jury was read a statement from roofer Cory Davis, who stated he saw a man stumble and hit his head on a steel beam as he fell.

Mr Davis said: "There was utter panic and shouting.

"I could hear glass shatter.

"I ran towards the man on the floor.

"I called the emergency services and paramedics arrived very quickly."

In another statement Jean McBride, as shop assistant, stated how she saw a man hit the floor.

She described how his fellow workers displayed "shock, horror and astonishment" and dropped the pane of glass they were handling.

Arthur Harbutt was taken to hospital but his head injuries were catastrophic, the court heard.

A post-mortem concluded he died as a result of severe head injuries caused by the fall and had no underlying medical conditions.

Garry Harbutt told police it was his father who decided they would use a scaffold to get the job done, and said his father had also wanted guardrails to be removed on steps to allow the glass to be carried up.

Garry Harbutt accepted he had not produced a new method statement to deal with the use of the scaffold, but said: “We verbally risk assessed the new method to ensure

that everyone knew how to work safely, the gang did not raise any concerns and I believed the revised system was safe”;

He added that his father had a history of medical issues, including several strokes, and he thought it was possible that he had had some form of medical episode on the platform that caused his fall.

The jury has heard Harbutt, a man of previous good character, had gained certificates from courses on working at height.

Several character witnesses described him as a man who doted on his father from an early age, cared for him, and would not want him harmed in any way.

One said: "Garry is a reputable character who people can turn to for help and advice at any time.

"He is trustworthy and there is not a bad bone in his body."

Alyson Harris of the Crown Prosecution Service said: “Garry Harbutt was in charge of operations on the day his father died.

“He failed to ensure that his employees working on the scaffolding had the protection they needed, which led to his father falling and sustaining the injuries that killed him.

“Providing a safe system of work in all areas of construction is essential to prevent such terrible tragedies occurring.”

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