Saturday, 1 May 2010

LAW REPORT : HEALTH & SAFETY INSPECTORATE v. MRS. BIGOT-JOHNSON (2010 )
( A criminal prosecution was brought against Mrs. Bigot-Johnson for a blatant breach of the regulations relating to the control of hazardous waste, as laid down by the HSAW Act. A short but relevant extract from the recorded notes of the trial can be seen below. )
Prosecuting counsel : Is it not the case Mrs. B that your husband is a complete waste of space....
Mrs B-J : Yes...there's no denying that.....
PC : And..... using your very own words is he not also....... " a complete waste of time " ?
Mrs B-J : That's has always been my opinion...
PC : So in other words he is quite simply " a waste "
Mrs. B-J : Yes....
PC : But a waste ....which you knew was both hazardous and dangerous to others
Mrs. B-J : Well, he's always seems to be cause of every ruction and explosive incident that takes place at his bridge club
PC : Yes, and most of those incidents have all been highlighted earlier on in this trial
Mrs. B-J : Yes...most of them were truly shameful...
PC : I know.....but the crucial fact on which this case turns is that you, Mrs. B, put it upon yourself to lock your husband in at night to stop him going out to the club. You imposed upon yourself the duty to control and make safe this hazardous waste.....which was infact your husband. In law the liability is strict for anyone who (a) has on their land a dangerous thing which is likely to do mischief should it escape, and (b) fails to stop its escape by some careless act or omission. By failing in your duty Mrs. B, you are prima facie answerable for all the damage, which was clearly a direct consequence of a tragic oversight .
Mrs.B-J : I never realised....but surely the club should not have let him in ?
PC : Interesting point, but your husband was still a paid-up member....and not under any ban at that time. Therefore, he had a right to enter. However, you were the one who was operating a ban at your end, having volunteered to become his jailer. The duty to stop him going into the club was yours....and yours alone.
Mrs B-J : Oh....
PC : And once your husband got to the bridge club, several players then became traumatised by his appalling behaviour, and his endless histrionics. The psychological damage he caused to these poor people was immense.
Mrs. B-J : I'm so sorry, but I didn't know the crafty old devil had managed to steal... and copy..... a set of keys behind my back....
PC : Sadly for you, that excuse does not add up to a viable defence.....because, when you have under your control a hazardous waste like that, it must be locked away very, very securely. The greater the risk the greater the standard of care imposed upon you. Your husband can be likened to a toxic poison.....and your carelessness, regretfully, let him loose. Is there you any comment you would like to make at this stage of the trial ?
Mrs. B-J: Just one.........................Bugger

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