Sentencing hearing begins over death of Holbeach teen groundworker

The sentence of two companies and two construction managers who were convicted of health and safety breaches after a teenage groundworker died when he was runover on a new Boston housing estate will continue tomorrow (Tuesday) morning.

Josh Disdel 18, from Holbeach, was working in a manhole on the new White Bridges housing estate when he was hit by a van being driven by a colleague on the morning of Friday, July 13, 2018.

The teenager, who was just a few weeks into his job, was waiting for his exam results to join the RAF, but suffered fatal injuries in the collision.

A two day sentence hearing at Lincoln Crown Court today (Monday) heard Josh’s college results were given to his parents just two weeks after his death, and he got “higher grades” than expected which meant he would have achieved his dream of joining the RAF.

Two individuals and one company stood trial in May accused of health and safety at work breaches after a prosecution was brought by the Health and Safety Executive.

Brent Woods, who was a construction manager for P&R Plant Hire (Lincolnshire) Ltd, who employed Mr Disdel, denied a charge of failing to take reasonable care to ensure his health and safety.

The prosecution said Mr Woods failed to ensure a risk assessmet, method statement and adequate training, and the jury found him guilty of the charge by a 10-2 majority verdict.

Mr Woods was interviewed about his role in the incident and chose not to give evidence during the trial, however the prosecution argued it was a potentially aggravating factor that Mr Woods “cleared out” health and safety documents from his place of work following Josh’s death.

D. Brown (Building Contractors) Ltd, who were the main contractors on the housing estate project, denied failing to ensure the health and safety of a person other than an employee.

They were found guilty of the offence by a unanimous verdict.

Darrell Tripp, who was site manager for D. Brown on the White Bridges project, denied failing to take reasonable care to ensure the health and safety of others.

Mr Tripp was also found guilty of the offence by a unanimous verdict.

The prosecution said Mr Disdel did not receive an induction for the job he was doing on the day of the incident, but had received an induction on another D.Brown site six weeks earlier.

A second company admitted breaching health and safety during a first hearing at Lincoln Magistrates Court in November 2019.

P&R Plant Hire (Lincolnshire) Ltd, who employed Mr Disdel and were groundworking sub-contractors on the housing estate project, pleaded guilty to failing to discharge health and safety duties to employees.

Craig Hassall QC, prosecuting for the Health and Safety Executive, said Mr Disdel had been picked up by a colleague and taken to White Bridges where they were tasked to lift up manhole covers on the new estate to clean the drains.

The jury heard work on three manholes was completed and Mr Disdel was lying with his body half way into a fourth manhole when their van was moved so another vehicle could use the road.

Mr Disdel, who was still working in the manhole, was trapped in the collision.

The prosecution said that procedures put in place by all of the companies had been abandoned by the time Mr Disdel carried out the job.

“The abandonment of those procedures cost Josh Disdel his life,” Mr Hassall said.

However Mr Hassall accepted some systems were in place by the two companies and described it as a “medium” culpability case for both the companies and the two individuals.

“The harm that occurred here was the highest because Josh Disdel lost his life,” Mr Hassall added.

And Mr Hassall argued Mr Disdel’s work colleague could also have been put at risk.

Mr Hassall also read out moving victim impact statements from the parents of Josh Disdel, who separated some years ago.

Josh’s mother, Fiona-Jane Lobley, 39, who lives in Brant Broughton, described Josh as a “good lad,” and said he was waiting to join the RAF when he got a job with P&R Plant Hire to earn some extra money.

Fiona said she remembered being in Lincoln on the day of the collision.

“It was a day I will never forget. I had a bad feeling that day and I didn’t know why,” Fiona said.

Fiona said she rushed to the Queens Medical Centre in Nottingham and was initially informed there was some hope, but she collapsed when learning Josh had died.

“I feel angry about not being able to speak to Josh or say goodbye,” she said.

Fiona added: “It’s so long since it happened, but I cant move on.”

Josh’s mother described that “most days she feels like it is her that is serving a prison sentence,” and expressed her hope that defendants “feel the loss I feel.”

She added: “They didn’t look after him. They threw him in at the deep end.”

In his statement Josh’s father, Terry Disdel, said he had contacted a director at P&R Plant Hire about his concerns over the lack of training for his son, but Josh had asked him to back off.

Terry said Josh shared his love of diggers, had a loving girlfriend and should have been joining the RAF.

He described rushing to the hospital in Nottingham and only being able to kiss his son goodbye.

“Where do I start,” Terry explained. “Josh was my everything.

“We weren’t just father and son. We had a special connection.”

The court heard none of the defendants had any previous convictions, and that P&R Plant Hire had pleaded guilty at the earliest opportunity and carried out work in the community, putting up Christmas lights.

Shauna Ritchie, mitigating for Mr Woods, said he viewed it as a tragedy that a fit, young man came to work and didn’t come home.

“He will live with that regret for the rest of his life, and it is important that Mr Disdel’s family understand that,” Miss Ritchie explained.

Miss Ritchie also highlighted that there was no specific delegation of the task to Mr Woods, and said he is suffering with health difficulties and has been open with his current employers.

She argued Mr Woods removal of documents was committed out of fear, rather than a desire to obstruct investigations.

Jim Buchanan, mitigating for D.Brown, said the death of Josh was a matter of great regret to a company who had an “exemplary” record and who had donated over £50,000 to local charities.

Mr Buchanan argued the failings of D.Brown fell into lower culpability and said the company had taken significant measures and put rules and plans in place prior to Josh’s death.

“Had those rules been followed we wouldn’t be here,” Mr Buchanan asserted.

Marc Balysz, mitigating for Mr Tripp, told the court that at the age of 60 and with five children this was one mistake in an otherwise unblemished career.

“His overwhelming concern is that he does not receive a sentence of immediate imprisonment,” Mr Balysz added.

Mr Balysz said Mr Tripp had continued to work running safe sites.

Judge Catarina Sjolin Knight said she would pass sentence at 10am on Tuesday.