Immediate use 16.3.21
FACK Statement on the sentencing of Ruislip Plant Ltd for the offence that led to Ben Wylie’s death
Some justice for Ben Wylie’s family after seven years but much heartbreak
Mylene Bensley read her Victim Personal Statement to Reading Crown Court yesterday, before the sentencing of the company which pleaded guilty to a health and safety offence that led to the incident that killed her beloved son Ben on a construction site on 14 May 2014.
Ben was killed when stepping forward to help colleagues struggling to get a drilling rig functioning again after a part that had failed the day before had been repaired, altered and refitted, rather than replaced with a new part. When tested, the repair failed under pressure and Ben was hit by a jet of highly pressurised hydraulic oil. Ben suffered a severe chest injury which killed him but not immediately.
In her statement Mylene said:
“Ben was such a wonderful person full of life and he filled a room when he walked in everyone loved him. Ben had many friends and a few close friends. Rhys and Karah his brother and sister meant so much to Ben he always made the effort to be there for their birthdays and special occasions. and they loved him so much”
“Ben’s death was not immediate, and I will have the visions of my son standing up after being shot by oil and a piece of equipment and stumbling across a building site saying he felt sick and spewing out blood and then falling down forever etched into my mind, due to the inadequate provision for his safety.”
“The information started coming through in graphic minutia of detail of how Ben died. I took each blow of information because my son had taken the blow that killed him, and I wanted to be there in my mind in any way I could be because I couldn’t be there for his dying moments. Ben’s body was returned home on my birthday in a coffin.”
“We have suffered for seven years with no government assistance and a sham of justice we have to continue despite anger, Deep hurt and insecurity. I am so grateful that FACK and Hilda were so helpful because without Hilda’s help and support this whole horrible experience would have been so much worse.”
“I was asked to identify my son in Maidenhead and as I had no money, I had to rely on someone’s good will to get me there. Seeing my son lying there dead was the worst sight in the world to me. All the hopes and dreams of the future gone and now my son who experienced a terrible death just lying there. I didn’t want to leave him in that cold place and I had to be escorted out.”
There were several companies on site including Ben’s employer, but it took seven years to bring the case against only one, Ruislip Plant Ltd. Thomas Kearney, the sole director carried out the botched repair, but died in 2019. His son David, who bears no responsibility for the incident or charge, with some honour did not liquidate the company and so it had assets to stand trial and pay this fine.
Yesterday the company pleaded guilty to a charge under the Health and Safety at Work etc.
The Judge fined the company £99,000 plus £116,800 costs..
Hilda Palmer FACK facilitator said:
“Families Against Corporate Killers welcome the sentence but note that justice delayed so long is always to some extent justice denied. FACK has supported Mylene throughout the HSE investigation, the Inquest and the trial. There is no automatic statutory support for families of those killed by employer’s negligence, no free legal representation at Inquest, and no financial compensation for the family of a young man without dependents to offset the costs of pursuing justice or coping with the effects of grief on health and earning capacity. Families suffer terribly. Mothers like Mylene suffer the most and siblings also suffer badly. None of this is accounted for or deemed worthy of support and help by the authorities or employers who cause preventable deaths like Ben’s. And since work-related death is little acknowledged, publicised or understood, many employers and even friends and family have no idea of the trauma suffered, the callous cruelty of the process or its costs to individual’s harmed due to no fault of their own but an employer failing to comply with health and safety law. The harms caused included the lack of financial or mental health support immediately or over the very long period it affects those grieving a traumatic death, and long-term impact of bereavement on parents and siblings. FACK believes that many bereaved families suffer undiagnosed and untreated PTSD and we demand more help for families to alleviate their suffering. FACK commends Mylene for her bravery in pursuing justice for Ben, being his witness, while also being the bread winner, caring for his sister and brother and coping with her own grief. She is truly courageous and inspiring.
“Mylene spoke to the Court powerfully and eloquently about the terrible impact of Ben’s death and the effects on her and Ben’s brother and sister. This is a long-term effect, nearly eight years of severe grief and hardship to get this conviction and some justice, but a life-time of loss and heartbreak to endure. FACK has heard these words many times but we still weep and rage. We urge everyone to heed them and demand more help, support and understanding from the authorities and all concerned. We also demand that employers take health and safety seriously, do not cut corners for profit or bodge repairs to save money and time, but fully protect the lives and health of all workers and that the Health and Safety Executive enforces health and safety more stringently to prevent workers being killed. Employers do not bear the full cost, it is families who bear the burden of employers’ criminal acts.”
After the sentencing Mylene added
“It was good to give Hilda and FACK the recognition today, whilst reading my witness impact statement. The efforts and support Hilda, in particular, provided for me throughout these seven years since Ben was killed, have enabled me to pursue justice. As I sat in virtual Reading court, through the prosecution of Ruislip Ltd, I knew I was there due to Hilda’s support. Thank you Hilda and FACK.“
Contact Hilda Palmer 0161 792 1044 mobile 079298 00240 for more information
Notes for editors
The Charge: Ruislip Plant Ltd of Ruislip Middlesex on 13th May 2014 at West Street, Maidenhead being an employer within the meaning of the Health and Safety at Work etc. Act 1974 (“the Act”), it failed to discharge the duty imposed on it by section 3(1) of the Act, in that it failed to conduct its undertaking, namely the maintenance of a high-pressure grease system, in such a way as to ensure, so far as was reasonably practicable, that persons not in its employment who may have been affected thereby, including Benjamin Wylie, were not thereby exposed to risks to their health or safety, namely hydraulic injection injury during maintenance, whereby it is guilty of an offence contrary to Section 33(1)(a) of the Act.
FACK – set up in 2006 by families bereaved by negligent employers to support families, campaign for justice and end preventable work-related deaths
In her statement Mylene said:
“I turned to a group called Families Against Corporate Killers run by Greater Manchester Hazards Centre which supports the families of those killed at work. Through them I managed to obtain advice on the process, support and also free legal representation through Helen Clifford Solicitor for the whole of the Inquest, plus some funding to stay in Reading as I had no other means of ensuring I could even be there. There is no statutory help at all for people in my position. Thank you, Hilda, and FACK for your tireless efforts at gaining accountability for workers in unsafe corporate organisations. Without your support the whole terrible experience would have been so much more difficult.”
c/o GM Hazards Centre, Windrush Millennium Centre, 70 Alexandra Road,
Manchester M16 7WD Tel 0161 792 1044 email@example.com https://gmhazards.org.uk/index.php/fack/