Fireworks organiser trial delayed

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Two years you may remember an incident of reports of excessive smoke from a fireworks display causing a massive car accident incident on a nearby highway. It now appears currently two years later the case may be going to trial. The precedence of this case may have a worldwide effect.
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The trial of the organiser of a fireworks display held on the night of a fatal pile-up on the M5 will begin on Monday, a court heard.


Geoffrey Counsell, 51, is charged with failing to ensure the safety of others, contrary to the Health and Safety at Work Act.

Seven people died in the crash, which involved 34 vehicles and has been described as one of the worst British motorway crashes in memory.

Anthony and Pamela Adams, Maggie and Michael Barton, Malcolm Beacham, Terry Brice and Kye Thomas were killed in the incident on November 4, 2011.

More than 50 other people were injured.


Counsell, of Ashill in Somerset, was operating a fireworks display in a field close to the motorway, at Taunton Rugby Club, at the time.

He pleaded not guilty to breaching health and safety regulations and was due to stand trial this morning at Bristol Crown Court.

But Mr Justice Simon told the court that the case would not open until Monday, with legal discussions expected to last for the rest of the week.

A jury panel will be selected from 43 potential jurors, who were addressed by the judge this morning.

Mr Justice Simon said: "This case is a health and safety prosecution arising out of a fireworks display on the 4th of November 2011 at Taunton Rugby Club and a series of collisions that took place on the northbound carriageway of the M5 motorway, just north of junction 25.

"This is a very serious matter and you must treat it very seriously."

The charge alleges Counsell failed to ensure he operated the firework display so as to ensure, as far as was reasonably practicable, that others who might be affected were not exposed to risks to their health and safety.

The trial, expected to last up to six weeks, will be prosecuted by Peter Blair QC and Anna Vigars. Counsell is represented by Adrian Darbishire QC and Simon Antrobus.

Mr Justice Simon warned the potential jurors the case could last up to six weeks.

"This trial is scheduled to last until shortly before Christmas," he told them.

"Jury service is the only duty required of citizens now. It is an important public duty."

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Smoke from a Bonfire Night display that drifted across the M5 leading to a fatal pile-up, appeared to motorists as if "someone tipped a can of paint over their windscreen", a jury has been told.

Somerset fireworks organiser Geoffrey Counsell is charged with failing to ensure the safety of others after some 1,100 fireworks exploded in fifteen minutes causing a "complete white-out" near J25 for Taunton, according to prosecutors.

The court was shown mobile phone videos to demonstrate the smog, which obscured some of the fireworks themselves.

On November 4, 2011, 34 vehicles smashed into each other, including many articulated lorries. Seven motorists were killed and 51 were hurt - many seriously, with life-changing injuries.

At the time of the crash Counsell, 51, of Firestorm Pyrotechnics, was holding the fireworks display for approximately 1,000 spectators, just 200 metres away from the motorway, at Taunton Rugby Club.

Prosecuting barrister Peter Blair said witnesses had "never seen so much smoke" and told how "the smoke just built up and built up, stayed low and lingered and just wasn't being dispersed".

A road traffic investigator concluded that there was effectively "zero visibility on the M5" which meant there was "no opportunity for drivers to have reacted and avoided an object", the court was told.

The Crown Prosecution Service alleges that Counsell breached Health and Safety Laws and "failed in his duty to plan effectively for the display and failed to provide for its safe delivery on the night, failing to take appropriate or any action to monitor the impact of the display".

The jury was told by Mr Blair that there were "serious weaknesses in Mr Counsell's approach to the display" in terms of health and safety.

Counsell denies the charge.

If found guilty he could face a maximum penalty of two years in jail.

Earlier this year seven counts of manslaughter were dropped against Counsell after the CPS found there was not sufficient evidence to pursue prosecution.

The trial is expected to last six weeks.


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I am not sure who this mans attorney is, most legal expert recommend you do not wear all black when you are charged with a crime.
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http://i.huffpost.com/gen/943269/thumbs/o-GEOFFREY-COUNSELL-570.jpg?5
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http://i1.walesonline.co.uk/incoming/article6294968.ece/ALTERNATES/s615/geoffrey-counsell-6294968.jpg

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It continues to be an unfortunate automobile accident, however it is.

A victory for fireworks display operators throughout the world.
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As far as I am aware the possibility of fireworks smoke causing secondary accident due to visibility has never been fully addressed. I suspect the entire display fireworks industry may be looking into this more than ever because of this event.

https://www.youtube.com/watch?v=mutibLvtu5U
A fireworks contractor who was in charge of a display on the night of a motorway pile up in which seven people died has been cleared of breaching health and safety laws.

The accident happened two years ago on the M5 motorway, 200 yards from the display at a rugby club near Taunton, Somerset.

Manslaughter charges against Geoffrey Counsell were dropped earlier this year.

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The M5 case apparently continues, here is reporting from an explosive expert.
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Explosive expert gives evidence at M5 crash inquest
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An explosives expert has been unable to find any literature warning that smoke created by a fireworks display could cause traffic disruption, an inquest heard today.

Christopher Case was commissioned by police to investigate whether a fireworks display on the night of one of Britain's worst motorway pile-ups had any bearing on the crash.

He said he had read literature about firework safety, including material provided by the Health and Safety Executive, but had seen nothing warning of the dangers of smoke from fireworks to motorists.


“I've never known of any incident where smoke created from a firework display was so great to disrupt a road on its own.

– Christopher Case

Seven people died and 51 people injured during a series of crashes between 34 vehicles on the southbound carriageway of the M5 near Junction 25 on the evening of November 4 2011.

The collision happened at 8.20pm, just five minutes after a £3,000 fireworks display concluded 200ft away at Taunton rugby club.

Motorists have told of entering a wall of thick fog - described by some as a "white curtain" or "emulsion" - and were unable to prevent multiple collisions. Other drivers have described smelling smoke or gunpowder on the motorway.

Mr Geoffrey Counsell, 51, had been operating the display at the rugby club. He was cleared of breaching health and safety laws on the night of the accident.

Mr Case, who works for Merseyside Fire Service, told the inquest how he accompanied police to Mr Counsell's home two days after the incident and later went to a farm where he kept fireworks in a shipping container.


“As part of our work we inspect a lot of stores and it was a well-kept store - better than average.

– Christopher Case

But Mr Case said he found it unusual that Mr Counsell did not have a pre-planned firing order for the display at the rugby club.


“He said it was in his head. He orchestrated it as he went along.

– Christopher Case

The inquest also heard from members of the emergency services, who were first on the scene of the crash - arriving with six minutes of the first 999 call being made.

John Dyer, from the South West Ambulance Services NHS Foundation Trust, said a total of 42 ambulances attended the crash scene to assist the injured.

William Harvison, from the Devon and Somerset Fire Service, said that within 25 minutes of the accident it had been declared a major incident.