Two senior fire officers have been found not guilty of the
manslaughter of four colleagues who died tackling a blaze at a
Warwickshire warehouse.
Incident commanders Timothy Woodward, 51, and Adrian Ashley, 45, were charged after the Atherstone-on-Stour fire.
Warwickshire's chief fire officer condemned the decision to press criminal charges against them.
Firefighters John Averis, Ashley Stephens, Darren Yates-Badley and Ian Reid died as result of the 2007 blaze.
All four firefighters, from Warwickshire, had entered the building wearing breathing apparatus after the fire had started.
'Common criminals'
The
prosecution had alleged Mr Ashley and Mr Woodward, who were in charge
of the operation, were criminally responsible for the "needless" deaths
of the men.
Mr Ashley, a watch manager from Nuneaton, was accused
of breaching his duty of care by risking the men's lives when "no other
lives were at risk" in the blaze.
Both denied manslaughter
by gross negligence.Mr Woodward, a station manager from Leamington Spa,
was alleged to have breached his duty of care by not stopping the
deployment of the men.
Three of the men died in the fire while Mr Reid was rescued but died later in hospital.
Roger
Day, the expert witness for the defence, had challenged the views of Dr
Michael Dennett, a fire consultant called by the prosecution.
Mr
Day said there were no set rules regarding fighting fires and entering
the building was among them. He said that decisions were made at the
scene of the fire.
Fire service officer Paul Simmons, 50, from
Hampton Magna, was acquitted five weeks into the trial on the judge's
direction at Stafford Crown Court.
'Sorrow and remembrance'
Reading
a statement outside court after the trial, Mr Woodward said it was the
acquitted men's sincere wish that the dead men's families had had their
questions answered and they could now move on with their lives.
Graeme
Smith, chief fire officer for Warwickshire, led criticism of the
decision to prosecute and said Mr Ashley, Mr Simmons and Mr Woodward
were "treated like common criminals".
The men who died were Ashley Stephens, Darren Yates-Badley, Ian Reid and John Averis
He called for the Home Office and Ministry of Justice to investigate how and why the prosecution was allowed to proceed.
Mr Smith said: "It is crystal clear that these cases should never have been brought to court in the first place."
Defence
solicitor Chris Humphries said there had been "systemic failings" at
the fire service involving management, training and equipment but the
decision to prosecute the three men was "misjudged and ill advised".
He said the police should have made greater efforts to catch the arsonist and should have prosecuted the buildings owners.
The
Fire Brigades Union (FBU) said it was absurd that the arsonists who
started the fire had not faced trial while fire officers had.
Not enough evidence
However,
Det Supt Ken Lawrence, of Warwickshire Police, who led the £4.6m
investigation, said the investigation had been the "right thing" to do.
He
said officers did not find enough evidence, such as forensic material
or witness statements, to pursue an arson case against anybody.
He
added: "I promised that we would do everything we could to determine
how the four men - Ashley Stephens, Darren Yates-Badley, Ian Reid and
John Averis - died and to find answers for their families and loved
ones.
"I believe that we have done that."
Warwickshire Police Authority chairman Phil Robson said the police had a legal duty to investigate the incident as a crime.
In
January Warwickshire County Council, which is responsible for the
county's fire service, pleaded guilty at Wolverhampton Crown Court to a
health and safety charge relating to the blaze.
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