May 3 2008 by Chloe Griffiths, Liverpool Daily Post
BOSSES of a factory where a man was killed in an explosion have failed to appear at a court hearing but the case against them is set to continue.
Christopher Knoop, 50, died in December 2005 when fire ripped through North West Aerosols after a series of blasts.
The company is accused of breaching two health and safety laws and is facing prosecution.
But yesterday the company’s directors failed to turn up for a plea and case management hearing at Liverpool Crown Court.
Nobody from the firm has appeared at any previous hearings and the Health and Safety Executive (HSE) has been told they will not attend.
The firm has now gone into liquidation, but Simon Parrington, prosecuting, told the court the HSE wished to continue with the case.
He said: “It is a case which led to the death of a man and serious injuries to three others. They take the view that it is so serious it should result in someone receiving a conviction, if appropriate.”
Despite being in the hands of the liquidator, the company has not yet been wound up and Mr Parrington said the case against it should therefore continue.
However, Judge Graham Morrow QC spoke of his concern that even if convicted no fine would be paid.
He said he may only be able to impose a nominal fine which could be upsetting for the victims and their families. Any substantial fine would probably remain unpaid.
Mr Parrington told the court he accepted the case was “unusual”, but said the HSE felt it was vital a conviction be brought if possible.
Judge Morrow agreed to continue the case.
A plea of not guilty to the two charges of failing to protect their employees between November 22 and December 13, 2005, was recorded in the absence of any representative from the company.
A trial is now due to take place on June 2 and 3.
Mr Knoop, who lived in Anfield, tried to escape the factory in Brookfield Drive, Aintree as a series of blasts went off inside, but he died at the scene.
The former merchant navy man was found inside the factory, and three fellow workers suffered serious burns.
At least one of the former directors has now moved to Spain.