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It would be wrong to try and use clich�d language to describe what happened here. It clearly is a complete disaster for the unfortunate deceased, Mr Lennon and his family. They are clearly a close and loving family and I have already commented and I say again how sorry the Court is for their loss, which I am sure is as raw today as it was when this news was brought by the police to Mrs Lennon.
This man died long before his time, he died due to a gross failure to protect his life, sadly by his employers and I don''t say that, I take no pleasure in saying that, they have pleaded guilty to corporate manslaughter and the definition of corporate manslaughter includes a gross breach of duty.
The aggravating features in this case, I suppose one could look at the victim impact statements to show the great damage done to the lives of a number, many people, the wife, the children, the three children who had all been put through university through Mr Lennon''s hard work, their children and the incalculable loss of someone who was a treasured and much loved member of a family, that unfortunately is true in every case of sudden death, should it be on the roads or should it be in factories.
Anyway, I think I have said enough about liability, it is a case of serious culpability but also a case where I do not think that profit was the, I am satisfied that profit was not the driving force and that takes some, a little bit of the sting out of the gross failure to protect Mr Lennon''s life.
It is bizarre that this repair could not have been carried out if the maintenance mode was not understood, unless the machine was operational and that is presumably why the machine was operational at the time. As Mr�Murphy has eloquently said the method by which the movements of the machine were carried out were a recipe for disaster, particularly when you think that the man in the operating room which was separate from Mr Lennon''s operation keeping in touch with radio had to move a control when he couldn''t even see fully where he was, the area in which he was controlling.
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