Two staff members of Thomas Cook will appear in court in relation with the deaths of two children at the Louis Corcyra Hotel in Gouvia in the summer of 2006. If you recall the deaths were related to the heating system within the chalets which caused Co" poisoning to all the family, and sadly resulted in the deaths of the two children.
Thomas Cook are certain that all charges relating to this will be dropped, and the members of staff exonorated.
This article was taken from the Greek/English Newspaper "Kathimerini" dated 17th March. This clarifies the news from the BBC Television today. "Court set for Corfu hotel trial"
A court on the Ionian island of Corfu has decided that 13 people will stand trial in connection with the death of two young British children at the Louis Corcyra Beach hotel more than a year ago, sources told Sunday’s Kathimerini. Christianne and Robert Shepherd, aged 7 and 6, died in October 2006 from suspected carbon monoxide poisoning due to a faulty natural gas boiler next to their room. The Corfu misdemeanors court has decided that among those that should stand trial are the president of the company that owns the hotel, the hotel’s managing director, the head of the hotel’s maintenance department, the engineers who installed the gas system and two representatives of British tour operator Thomas Cook. Hotel employees allegedly realized that there was a problem with the boiler the day before the children died but did not fix it as the Shepherd family had already moved into the room. If convicted, the suspects face a maximum of five years in jail on manslaughter charges. Additional charges of causing bodily harm and violating building regulations carry lighter sentences.
The following news article was taken from the online Greek & English newspaper, "The Kathimerini", dated, 26th June 2009. This very sad event is now nearly 3 years old, and it still has not come to full trial as yet. According to other news sources, at home and in Greece, all 13 defendents were to appear today. It sounds like they are trying to split the case. Will have to keep an eye out for futher news on this case.
Yeiamas, Chris
Corfu deaths
Trial of 13 linked to toxic gas poisoning of 2 children put off
A court on Corfu yesterday postponed until next February the trial of two British tour operator employees and 11 officials of a hotel on the Ionian island where two British children died of gas poisoning in October 2006. The 13 suspects are charged with the manslaughter of 7-year-old Christianne Shepherd and her 6-year-old brother Robert, who died of carbon monoxide poisoning following a gas leak from a malfunctioning boiler in their holiday bungalow. The children’s parents, who had been asleep in the next room, passed out from the fumes but recovered.
I have always thought that Manslaughter was going a bit over the top. In the IK Manslaughter is only one crime down from murder where intednded death was the aim. I don't know about Greece but over here to be guilty of Manslaughter you have to have intended to cause injury in the first place. I am sure that none of the accused ever set out with the intention of causing anyone injury let alone death.
Since the time of the sad event my opinions have moderated and I now feel that a charge reflecting the fact that "Those responsible didn't discharge their responsibilities properly". So, on that basis, I guess, I feel that a lesser charge would be more appropriate.
Manslaughter can be broken down into many categories, dependent on the actual crime, or evidence. In this case there obviously appears to be a huge factor of negligence in that the bungalow was not maintained, by, or checked by those concerned, in this case Thomas Cook. I personally do not think that these actual two reps should be to blame, although fault should be attributed, but Thomas Cook should take the bang on the head for this.
Yeiamas, Chris
Manslaughter by gross negligence
Under European laws, where a person causes death through gross negligence is required. While the specifics of negligence may vary from one jurisdiction to another, it is generally defined as failure to exercise a reasonable level of precaution given the circumstances and so may include both acts and omissions. The defendants in such cases are often people carrying out jobs that require special skills or care, such as doctors, police or prison officers, or electricians, who fail to meet the standard which could be expected from a reasonable person of the same profession and cause death The defendant owed a duty to the deceased to take care; the defendant breached this duty; the breach caused the death of the deceased; and the defendant's negligence was gross, that is, it showed such a disregard for the life and safety of others as to amount to a crime and deserve punishment
Under European laws, where a person causes death through gross negligence is required. While the specifics of negligence may vary from one jurisdiction to another, it is generally defined as failure to exercise a reasonable level of precaution given the circumstances and so may include both acts and omissions. The defendants in such cases are often people carrying out jobs that require special skills or care, such as doctors, police or prison officers, or electricians, who fail to meet the standard which could be expected from a reasonable person of the same profession and cause death The defendant owed a duty to the deceased to take care; the defendant breached this duty; the breach caused the death of the deceased; and the defendant's negligence was gross, that is, it showed such a disregard for the life and safety of others as to amount to a crime and deserve punishment
Chris
Isn't that what I said? "Those responsible didn't discharge their responsibilities properly".
Thomas Cook's only crime was not to have confirmed this accomodation was suitable for use. As many people had and were visiting the Hotel I can't see what could have roused their suspicions to make them inspect. I would blame the authorities for not making it mandatory that all user companies have to have their inspection documents displayed around these premises. That way at least one of the companies would have picked up this problem. It's OK being wise after the event but the Authorities have to carry some of the blame.
I know what you had written Roger, and I do not dispute that. The reason I put my post up was to emphasis the Manslaughter Law in Europe, and to point out that the law you gave, comes under the same auspice as Manslaughter. Manslaughter is not one below murdered, there is a string of breakdowns within the Manslaugher Law.
I have already agreed with you that I do not think in my opinion that the reps should be prosecuted on this charge, but a lesser charge of negligence given, and the Manslaughter by Gross Negligence should be placed on Thomas Cook and the Authorities who's job it is to ensure that all is up to standards.
Hope this clarifies the matter. :roll: :roll: :roll:
It could be that the defence or prosecution are trying for the New Law (1 years old), which when looking at is probably the correct way to go about it, in particular where the company is involved.
Corporate Manslaughter, and Corporate Homocide Act 2007
The Corporate Manslaughter and Corporate Homicide Act 2007 is a landmark in law. For the first time, companies and organisations can be found guilty of corporate manslaughter as a result of serious management failures resulting in a gross breach of a duty of care. The Act, which came into force on 6 April 2008, clarifies the criminal liabilities of companies including large organisations where serious failures in the management of health and safety result in a fatality.
Yep. We do agree but, I don't see how the Greek authorities can make this one work.
I can see the case being deferred and deferred until everyone has forgotten what happened and then all charges being dropped. In either case that would be wrong as someone has to be punished (not severely, just a reprimand if you like) but something has got to be seen to have been done.
I know where you are coming from Roger, but I think the Greek Government and Tourist Board might stand their ground on this, because they do not want to be seen as the fault behind this. As I said, the delay maybe that they are tryiing to get it changed to Corporate Manslaughter, which would lift all responsibility from Greece etc, and place the blame either on the Louis Group who own the complex, or Thomas Cook who leased those bungalows for their company and brochures.
It is a hard one to prove. I had friends who were on holiday in the UK staying at a cottage. Their son died of Carbon Dioxide poisoning, as did nearly the daughter, and themselves. It took them years to bring a case, and it was only the implementation of the Corporate Law that done it. The argument was who was at fault. Manslaughter was agreed, but who was to blame. The owner of the cottage, the company who had it on their books, the maintenance company, and many more. Eventually they one, but it took a long time.
I will agree that the Tour Operator, and/or accommodation owners should have a duty to place up to date notices and check sheets to prove that all equipment has been checked and is fully functional and safe.
The court trial begins today on Corfu of the two Thomas Cook Reps, Richard Carson and Nicola Gibson, and a number of Greek personnel of the accommodation and hotel group in question, regarding the death of the two children, Robert and Christianne Shepherd in 2006. As you will recall the trial set for last June was postponed until this month due to a change or possible changes in the charges.
Today in court, the father of the two children was describing the last days and moments of the childrens lives, from playing with them, and their sicknesses that followed, and sadly their subsequent deaths.
The defendants have all be charged with Manslaughter with Negligence. The trial continues.
unless things have changed very much since I was a rep. I wonder how the tour operator would know which rooms to check or put up notices in.
The tour operator contracts a number of rooms but the numbers are not specified. I usually knew the day before the arrival what number rooms my clients would be given. I could not have inspected those rooms then because they were still occupied by other clients, from other companies.
To expect tour companies or reps to police' accommodation for health and safety issues is I think unworkable.
I agree with you about room numbers. One of the biggest problems our friend had when he used TO's was that everyone went to him and complained about their room not having a sea view when they had paid extra for the priviledge. He would often say "My hotel only has six rooms with sea views and I keep them for my friends". The TO's were happy to sell everyone these special roomas as they charged extra for them and didn't monitor how many were sold.
The TO only takes a number of rooms they are never allocated specific rooms so it must be impossible for the Rep to monitor this element of the letting process.
None of us know the up to date duties or routines of a Travel Rep. I would imagine that each company has different policies, and the larger hotels groups such as the Louis group hand over part of their accommodation to various Travel Companies. We can only speculate, but there must be a reasons as to why, after three years, the two reps are still in the loop and are in court today. Maybe their defence is that they were not aware of what rooms wer what, or if their duties and/or routines included the checking of such equipment. We must also remember that two Louis Corcyra staff are also in court, as well as 9 or 10 Greek personnel. We do not know if the Louis group passed responsibility over to Thomas Cook, or whatever. It is up to the courts to ascertain this, and only then will we know the outcome.
What happened many moons ago, as we all know now, does not pull weight these days.
just a suggestion. As this is such a tragic and serious case might it not be a good idea to stop our own speculations and follow events in court, and close this as an active topic- as I believe the other popular Corfu Forum has done?
I believe we are all grown up enough to leave the thread open and not add our own opinions, thoughts and speculations. As I said in my last post, It is up to the courts to decide, and only then will we know the outcome. I shall be watching closely on the news reports from Corfu etc, and will post accordingly. The thread remains open.
No disrespect to that forum you refer to, but why should we accommodate exactly what they have done. As I have said we do not need to voice our own opinions on this matter, regardles of its serious and tragic subject. We are all old enough to respect that, and as I said in two previous posts, await the outcome, or any news from the courts. The thread remains open. Again with respect, we do not care what other forums do in their own interests
janmanessi wrote:agree, no need to react just because others have done so, but this case does seem exceptional and following a good lead is not always a bad idea
What good lead. If we as administrators control what is posted regarding this matter to ensure no unsatisfactory comments or opinions, then there is no need to close the thread, and we will await further outcome from the matter itself.
A court in Corfu today, found the two Thomas Cool Reps not guilty of Manslaughter. However, the Hotel manager, head of the hotel technical department, and the hotel electrician, were each sentenced to seven years. For more on this story, go to BBC NEWS STORY - CORFU TRIAL OF THOMAS COOK REPS
