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Father killed by flying canister.


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A FATHER was killed by a flying gas canister which was being emptied for scrap, a court heard yesterday.

Dad-of-five Timmy Donaghue, 35, of Arncliffe Road, Batley, died when he was struck by a high pressure gas cylinder outside Arthur Brook scrapyard, Low Mills Lane, Ravensthorpe, on August 29 2008.

Scrap dealers Matthew Dean, 25, of Ouzelwell Lane, Thornhill Lees, and Phillip Jennings, 49, of Scafell Court, Hanging Heaton, deny manslaughter through gross negligence An indifference to, and a blatant violation of, a legal duty with respect to the rights of others.

Gross negligence is a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or
.

The pair had been emptying cylinders containing various gases to sell the canisters as scrap metal, Leeds Crown Court heard yesterday.

Jennings had been hacking at the canisters with a pickaxe while Dean had been using a hammer and spanner to open valves on other cylinders.

The court heard Dean had been opening an argon argon (är`gŏn) [Gr.,=inert], gaseous chemical element; symbol Ar; at. no. 18; at. wt. 39.948; m.p. −189.2°C;; b.p. −185.7°C;; density 1.784 grams per liter at STP; valence 0.  shield canister valve in Jennings' van when the canister shot off in a cloud of gas and struck Mr Donaghue.

Mr Donaghue, who had come to borrow Jennings' van for a conifer cutting job, was later pronounced dead at Dewsbury District Hospital.

He had died from haemorrhaging and shock resulting from pelvic injuries.

A gas canister expert estimated the container, weighing 65kg when empty, had been three-quarters full before it flew off.

Opening the prosecution's case Nigel Wray said: "These two defendants were scrapping gas cylinders, cylinders they had found, and they had no regard whether they were full or empty.

"It is a strange and peculiar type of manslaughter which relies on the gross negligence of these two defendants in failing to see the obvious risk of death in what they were doing."

A jury of four women and eight men heard Dean had driven home in Jennings' van after the accident while Jennings went to the hospital with Mr Donaghue.

The court was told Dean later drove the van into a field near his home.

When fire crews discovered the contents of the van, which included acetylene acetylene (əsĕt`əlēn') or ethyne (ĕth`īn), HC≡CH, a colorless gas. It melts at −80.8°C; and boils at −84.0°C;. , oxygen, butane butane (by`tān), C4H10, gaseous alkane, a hydrocarbon that is obtained from natural gas or by refining petroleum.  and propane canisters, they cordoned the area off from a distance of 100 metres, the court was told.

Mr Wray said: "Here both their actions were grossly negligent.

"The Crown say they owed Timothy Donaghue a duty of care which they breached causing his death.

"It was grossly negligent and a clear indifference to the risk of death."

Proceeding.

CAPTION(S):

Gas cylinder flies off while being emptied ACCIDENT: Mr Donaghue was killed outside Arthur Brook scrapyard
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Publication:Huddersfield Daily Examiner (Huddersfield, England)
Date:Jul 21, 2009
Words:400
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