Sussex construction bosses convicted after roofer dies on building site

The two men were convicted after a worker fell to his death on a Hove building site in 2018, police say.

Police confirmed Steven Wenham, 48, of Charlotte Street in Brighton, and John Nicholas Spiller, 52, of Fishersgate Close in Portslade, were found guilty of several charges at Lewes Crown Court on April 7. The investigation was led by Sussex Police with support from the Health and Safety Executive (HSE).

According to police, prosecution had also been brought against two companies of which the pair are directors – Total Contractor’s Ltd and Southern Asphalt Ltd.

It follows an incident at a building site in Brunswick Street West on July 27 2018 in which a roofer sub-contracted by Southern Asphalt fell two storeys from a ladder to his death, police say.

The victim – 60-year-old Graham Tester – had been using a ladder, secured with only two nails hammered into a timber frame on either side of it.

Police say the inspection found multiple safety failings including no scaffolding or barriers to protect those working at a height.

Wenham was charged with, and found guilty of, manslaughter by gross negligence. Both he and his company Total Contractor’s Ltd were also found guilty of two offences under the Health and Safety at Work Act regarding failure to properly safeguard against serious injury or death from a fall from height, police confirmed.

According to police, Spiller was found not guilty of manslaughter, but convicted of an offence under the Health and Safety at Work Act regarding a failure to properly safeguard against serious injury of death from a fall from height. His roofing company, Southern Asphalt Ltd, had already pleaded guilty to the same offence.

Both men have been released on bail awaiting sentence on June 7, police say.

Detective Inspector James Meanwell said, “Employers owe a duty of care to their employees.

“Steven Wenham and John Spiller failed in that duty – the consequences of which were Graham’s tragic death and an irreparable loss to his children and grandchildren.

“It is my hope that Sussex Police’s investigation and the subsequent trial were able to answer his family’s questions and offer them some measure of comfort that justice has been done.”

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