Openreach fined £1.34m over death of engineer swept away in flooded river

Alun Owen, 32, a devoted father of five-year-old twins, had drowned in October 2020 at Abergwyngregyn, near Bangor, Gwynedd.

The Health and Safety Executive said at Llandudno Magistrates Court, that he had been trying to reconnect a phone line crossing the water.

Prosecutor Nathan Cook said Openreach, which pleaded guilty, failed to provide sufficient instruction and training about the risks of working around water and had allowed lone working.

Openreach had a computer course but it was not mandatory to complete.

Mr Cook said: "At the time of Alun’s accident 518 Openreach engineers had completed the course working on or near water. There are around 25,000 Openreach engineers."

The Communication Workers Union had felt the course was essential.

During the hearing Mr Owen’s widow Ceri, a teacher, read a heart-rending impact statement to the court.

She said: "The loss of Alun has caused severe upset and trauma for the whole family."

Defence KC Dominic Kay said the company expressed “genuine and sincere remorse” to the family.

“Alun was a very well-respected and popular member of his team,” counsel remarked.

The court was told Openreach had internal and external audits of its systems.

Mr Kay said Mr Owen had decided to attach a phone line to a hammer and throw it across the river before making the reconnection.

A householder thought the river was very high and fast-flowing and told him: "Just leave it, the repair isn’t important.”

But Mr Owen was trying to help and get the job done.

He entered the river and a woman shouted: “Don’t do that.”

But, tragically, he slipped and was swept away.

Mr Kay added that there were no previous convictions for Openreach, remedial steps had been taken since the tragedy, and safety was its priority.

District judge Gwyn Jones ordered Openreach to pay £16,000 costs.

He said: "The fine must reflect the seriousness of the offence and take into account the financial circumstances of the company.”

He added: "The punishment that the court has imposed will not take away the pain and trauma suffered by the family of Alun Owen. Alun was a much-loved husband, father, son, brother, friend and colleague to many. Words can’t express the continuing pain which the family and friends will suffer for many years.

“All this case does is bring an end to one chapter in this very sad case.”

The judge remarked: "Health and safety are matters taken seriously by the company."

Speaking after the case Mr Owen’s family said: "This has been an extremely long and painful journey for the family."

They added: "There was never any doubt that Openreach were entirely culpable for causing Al’s death – a death that was preventable and a death that resulted in the loss of a precious and cherished member of the family, who was also dearly treasured by his wide circle of friends."

They continued: “What is extremely disappointing, throughout the years that have passed, is Openreach displaying a total lack of empathy towards the family when attempting to address some of their shortcomings after Al’s death. That is inexcusable.

“We make it perfectly clear that no financial penalty will afford us with any sense of justice here, particularly when considered against the financial buoyancy of Openreach. The fine imposed is inconsequential and does not diminish the pain, nor does it lessen the void that has been left since Al was taken away from us. We recognise that Openreach have now been forced to address some of their health and safety inadequacies, hopefully ensuring that no other family endures the pain and distress that has been caused by Al’s death."