Please refresh the page or navigate to another page on the site to be automatically logged in Please refresh your browser to be logged in
Graham Tester, 60, died when he fell from height at a building site in Hove
Find your bookmarks in your Independent Premium section, under my profile
Steven Wenham was found guilty of gross negligence manslaughter
A construction company boss has been convicted of the manslaughter of a worker who fell two storeys to his death on a building site.
Graham Tester, 60, died when he fell from height at a building site in Hove, East Sussex, in July 2018 after a ladder was not secured properly.
Steven Wenham, 48, was found guilty of gross negligence manslaughter and his company Total Contractor’s Ltd was convicted of breaking two health and safety laws over the accident.
Another building firm boss, John Spiller, 52, who runs roofing company, Southern Asphalt Ltd, was found not guilty of manslaughter, but convicted of a health and safety charge for failing to properly safeguard against serious injury of death from a fall from height.
The roofing firm also pleaded guilty to the same offence at Lewes Crown Court last Thursday.
Mr Tester was working as a roofer sub-contracted by Southern Asphalt when he fell two storeys from a ladder to his death.
An inspection from the Health and Safety Executive (HSE) found multiple safety failings including no scaffolding or barriers to protect those working at a height.
The ladder Mr Tester was using was found to have only been secured with two nails hammered into a timber frame on either side.
Detective Inspector James Meanwell of Sussex Police said on Saturday after the conviction: “Employers owe a duty of care to their employees.
“Steven Wenham and John Spiller failed in that duty – the consequences of which were Graham’s tragic death and an irreparable loss to his children and grandchildren.
“It is my hope that Sussex Police’s investigation and the subsequent trial were able to answer his family’s questions and offer them some measure of comfort that justice has been done.”
Wenham, of Brighton, East Sussex, was found guilty of manslaughter by gross negligence, while both he and his company that was also responsible for running the site were also found guilty of two offences under the Health and Safety at Work Act regarding failure to properly safeguard against serious injury or death from a fall from height.
Spiller, of Portslade, East Sussex, was found not guilty of manslaughter, but convicted of an offence under the Health and Safety at Work Act regarding a failure to properly safeguard against serious injury of death from a fall from height.
Both men have been released on bail ahead of their sentencing hearing at the same court in June.
Registration is a free and easy way to support our truly independent journalism
By registering, you will also enjoy limited access to Premium articles, exclusive newsletters, commenting, and virtual events with our leading journalists
{{#verifyErrors}} {{message}} {{/verifyErrors}} {{^verifyErrors}} {{message}} {{/verifyErrors}}
By clicking ‘Create my account’ you confirm that your data has been entered correctly and you have read and agree to our Terms of use, Cookie policy and Privacy notice.
This site is protected by reCAPTCHA and the Google Privacy policy and Terms of service apply.
Already have an account? sign in
By clicking ‘Register’ you confirm that your data has been entered correctly and you have read and agree to our Terms of use, Cookie policy and Privacy notice.
This site is protected by reCAPTCHA and the Google Privacy policy and Terms of service apply.
Steven Wenham was found guilty of gross negligence manslaughter
Want to bookmark your favourite articles and stories to read or reference later? Start your Independent Premium subscription today.
Please refresh the page or navigate to another page on the site to be automatically logged in Please refresh your browser to be logged in
Or if you would prefer: