Follow up - M5 Crash 04/11/2011

[whole diary]

[LiskeardRich]

I drove southbound along this stretch of road around 7pm last night, the weather was atrocious, to such an extent i came off the motorway at j25 and visited the sainsburys for a while looking round to allow the weather to calm a little. The rain was so heavy i couldnt see the front of my car, yet people were still driving at I'd estimate 90mph. The dot matrix wasnt in use to show a lower limit (was in use on the m6 in much better conditions). As i reached the A38, the A38 was closed due to a severe accident caused by poor weather conditions

[BerkshireBugsy]

Without wishing to stir up a hornet's nest, I'm not sure that putting on 'Fog' matrix signs would have made a lot of difference. Unfortunately you see advisory speed limits or fog warnings on those signs so often when there is no need for the speed limit or warning that I would guess a vast majority of drivers simply ignore them.

I am remembered of when the M40 first opened. I seem to remember there was a crash which I beieve was put down to Fog. Drivers put the blame on the matrix signs not showing "Fog". I seem to remember thinking "you don't see matrix signs with the word 'dark' on"...although I do accept that fog can be more patchy.

[Chris from Nailsea]

From the Western Daily Press:

Somerset M5 crash: Taunton RFC fireworks display not to blame for motorway tragedy

A police inquiry into the cause of the M5 crash in which seven people died and another 51 were injured has concluded drifting smoke from a nearby fireworks party was not to blame.

Emphasis has instead shifted to consider driver error the probable trigger, possibly a vehicle braking heavily as it encountered a dense fog bank just ahead of the main body of the accident.

However, no charges are expected to be brought. A final decision will made by Crown Prosecution Service lawyers in the next few months.

The four-month investigation has exonerated Taunton Rugby Club and Firestorm Pyrotechnics, which mounted a display alongside the M5.

In the aftermath of the crash in wet, foggy conditions last November, Avon and Somerset police assistant chief constable Anthony Bangham was quick to claim the inquiry was ^criminal^ and pointed the finger of suspicion at the club and Geoff Counsell, the fireworks company boss, whose event finished minutes before the accident on November 4.

Lawyers representing the club and Mr Counsell considered the comments prejudicial and are still considering legal action and a professional complaint against Mr Bangham.

Both were subjected to a hate campaign which has taken a ^severe emotional and mental toll^ on rugby club officials and Mr Counsell.

Traffic officers, who were among the first on the scene at around 8.30pm, were also taken aback by the claim as they originally considered fog and speed the main factors.

Last December it was revealed the weather conditions were such that any smoke from the firework display would have been carried away from the site of the crash.

Now, a senior police source has indicated rugby club officials and Mr Counsell were considered ^witnesses not suspects^ and no criminal charges will be brought.

The source added: ^It has been an incredibly lengthy, complex and demanding inquiry. Ultimately it has been so rigorous and so detailed it is almost impossible to be categoric about exactly what happened.^

Instead, the main thrust of the police inquiry has looked at the possibility that an error by a driver, possibly one who had joined the motorway at junction 25, was the catalyst.

An accident investigator said: ^It is well known among truckers as a difficult slip road to negotiate. It is uphill which means lorries are travelling very slowly when they join.^

Witnesses reported hearing repeated thuds as vehicles ploughed into the wreckage, some bursting into flames, claiming the lives of Terry Brice, Kye Thomas, Michael and Maggie Barton, Anthony and Pamela Adams and Malcolm Beacham.

Police will pass their file to the CPS in the next fortnight and a final decision is expected by the end of May.

[Timmer]

From BBC^» (British Broadcasting Corporation - home page) News http://bbc.in/R8Nbjl

A man has been charged with seven counts of manslaughter over a pile-up on the M5 in Somerset last year.

Geoffrey Counsell, from Somerset, was the provider of a nearby fireworks display at Taunton Rugby Club on 4 November, the night of the collision.

The charges are connected to the planning and operation of the display, a police spokesman said.

Mr Counsell is due to appear before Bristol Magistrates' Court on 12 November.

Seven people were killed and 51 injured in the crash involving 34 vehicles.

The firework display was held in a field close to the motorway.

In a joint statement, Avon and Somerset Police and the Crown Prosecution Service said: "Today the Crown Prosecution Service has authorised Avon and Somerset Police to charge Geoffrey Counsell with seven counts of manslaughter.

"[This follows] the deaths of Anthony and Pamela Adams, Maggie and Michael Barton, Malcolm Beacham, Terry Brice and Kye Thomas.

"It was clear from the investigation carried out by Avon and Somerset Police that there was insufficient evidence to prosecute for driver error and therefore no action will be taken against any motorists.

"The CPS also considered the culpability of Taunton Rugby Club and reached the conclusion that there is insufficient evidence for a realistic prospect of conviction."

[bobm]

When you read the last two newspaper articles posted above there does seem to have been a fundamental change of opinion in the last six months.

[Chris from Nailsea]

From the BBC^» (British Broadcasting Corporation - home page):

M5 crash deaths accused Geoffrey Counsell is bailed


Seven people died and 51 were injured in the pile-up involving 34 vehicles

A man has appeared at Bristol Magistrates' Court charged with seven counts of manslaughter following a pile-up on the M5 in Somerset.

Seven people died and 51 were injured in the crash involving 34 vehicles.

Geoffrey Counsell, from Somerset, was the provider of a fireworks display in a field close to the motorway at Taunton Rugby Club on 4 November 2011.

The 50-year-old was remanded on bail and is due to appear before the city's crown court on 4 December.

Lorry drivers Terry Brice, from Patchway, South Gloucestershire, and Kye Thomas, from Gunnislake, Cornwall, died in the crash.

Father and daughter Michael and Maggie Barton, from Windsor, Berkshire; grandparents Anthony and Pamela Adams, from Newport, south Wales; and battle re-enactor Malcolm Beacham, from Woolavington, near Bridgwater, also died.

[BerkshireBugsy]

Without wishing to stir up a hornet's nest, I'm not sure that putting on 'Fog' matrix signs would have made a lot of difference. Unfortunately you see advisory speed limits or fog warnings on those signs so often when there is no need for the speed limit or warning that I would guess a vast majority of drivers simply ignore them.

I totally agree. I seem to recall when the m40 first opened there was a crash which I believe was put down to fog on the motorway. It was claimed that the crash may have been averted if the fog matrix signs had been on. excuse me?! Do we really need signs to tell us to use common sense ? May be i won't put my headlights on until I see an "it's dark" (which I probably won't see because its dark)

[Chris from Nailsea]

Latest developments, from the BBC^» (British Broadcasting Corporation - home page):

Manslaughter charges dropped in M5 crash case

Manslaughter charges have been dropped against the organiser of a fireworks display held on the night of a crash on the M5 in which seven people died.

Geoffrey Counsell, 50 and from Somerset, was arrested after the crash, which involved 34 vehicles and left 51 people injured, in November 2011.

Mr Counsell will now face one charge, under health and safety laws, of failing to ensure the safety of others. That case will be heard at a later date, Bristol Crown Court heard.

The Crown Prosecution Service authorised Avon and Somerset Police to charge Geoffrey Counsell with manslaughter in October 2012.

Chief crown prosecutor, Barry Hughes said all CPS cases are kept under "constant review". He said: "During this review process, in December we sought further advice from a leading expert on the law of negligence and additional information was also provided by expert witnesses and police investigators. Based on this additional information and advice, it has been decided that there is insufficient evidence to continue with a prosecution for manslaughter."

The fireworks display organised by Mr Counsell was taking place at Taunton Rugby Club, which is next to the motorway, when the crash happened.

Lorry drivers Terry Brice, from Patchway, South Gloucestershire, and Kye Thomas, from Gunnislake, Cornwall, died in the crash. Father and daughter Michael and Maggie Barton, from Windsor, Berkshire; grandparents Anthony and Pamela Adams, from Newport, south Wales; and battle re-enactor Malcolm Beacham, from Woolavington, near Bridgwater, also died.

Det Sup Mike Courtiour of Avon and Somerset Police described the collision as "one of the worst in living memory" and said the force's investigation was "meticulous and complex".

Mr Counsell was originally charged with the seven counts of manslaughter, on 19 October last year.

[anthony215]

Personally I dont think  any charges should have been brought against this man.

It was sadly an accident although some blame can be put on the drivers who were traveling along the M5 perhaps they had been traveling too close together and too quickly.

Anyway lets hope lessons are learned so that we dont have a tragic incident like this happening again.

[LiskeardRich]

Personally I dont think  any charges should have been brought against this man.

It was sadly an accident although some blame can be put on the drivers who were traveling along the M5 perhaps they had been traveling too close together and too quickly.

My interpretation of the highway code is all the blame should be on the drivers. Almost certainly driving without due care and attention.

[bobm]

From the BBC^» (British Broadcasting Corporation - home page)

The organiser of a fireworks display held on the night of a fatal pile-up on the M5 motorway will go on trial on Monday.

Geoffrey Counsell, 51, from Ashill, Somerset, was operating the display in a field close to the motorway, at Taunton Rugby Club.

Seven people died in the pile-up on 4 November 2011.

Mr Counsell, who denies failing to ensure the safety of others, will face a jury at Bristol Crown Court.

Lorry drivers Terry Brice, from Patchway, South Gloucestershire, and Kye Thomas, from Gunnislake, Cornwall, died in the crash.

Father and daughter Michael and Maggie Barton, from Windsor, Berkshire; grandparents Anthony and Pamela Adams, from Newport, south Wales; and battle re-enactor Malcolm Beacham, from Woolavington, near Bridgwater, also died.

[Chris from Nailsea]

From the BBC^» (British Broadcasting Corporation - home page):

M5 death crash: 'Firework smoke blocked drivers' view'

Smoke from a fireworks display helped block the view of drivers on the M5 motorway leading to a pile-up that killed seven people, a court has heard.

There were "serious weaknesses" in the planning of the display on 4 November 2011, Bristol Crown Court was told.

Geoffrey Counsell, 51, from Ashill, Somerset, was operating the fireworks at Taunton Rugby Club, Somerset, 200m (650ft) from the motorway. Mr Counsell denies failing to ensure the safety of others.

The court was told Mr Counsell set off 1,500 shots in 15 minutes. The smog was so thick and dense that motorists on the northbound carriageway of the M5 had "no chance", it was alleged.

Peter Blair QC, prosecuting, told the jury it was "no ordinary patch of fog that just happened to be there that evening".

"Essentially the prosecution say they experienced a loss of visibility, generated, we say, by a plume of smoke created by Mr Counsell from his firework display which had built up," he said.

Mr Blair said a number of vehicles passed safely through the early stages of the smog - with some drivers later recalling the smell of firework smoke but the "next group were less fortunate".

"They were in the vehicles that ended up in a multi-vehicle pile-up," he said. "Some of them spoke of it as being as if someone had tipped a tin of paint over their windscreen. Their headlights had no effect whatsoever on penetrating what was in front of them. It was impossible to see what was ahead of them and the inevitable consequence was the multiple pile-up."

The case continues.

[bobm]

Geoffrey Counsell cleared of all charges

From the BBC^» (British Broadcasting Corporation - home page)]http://www.bbc.co.uk/news/uk-england-25316055]BBC

A man in charge of a fireworks display held on the night of a motorway crash in which seven people died has been cleared of breaching health and safety laws.

Geoffrey Counsell, 51, from Ashill, had denied a charge of failing to ensure public safety for the Taunton Rugby Club display on 4 November 2011.

The M5 crash involved about 30 cars.

A judge at Bristol Crown Court directed the jury to find Mr Counsell not guilty.

[ChrisB]

Glad to hear it.

[broadgage]

Glad to hear it.

Agree.
Had the person in charge of the firework display been convicted this would have in effect banned firework displays, except in places so remote that hardly anyone could view them.
Almost any potential site for a firework display could result in smoke drifting accross a road (any road that is, not just motorways)

Although this sounds a bit callous, it does appear that most drivers were going too fast for the conditions and were unable to stop in the distance seen to be clear.


Since this accident there has been a large scale accident near the Isle of Sheppey, in fog. This was less newsworthy as no lives were lost, perhaps suprisingly in view of the scale of the destruction.
I feel that a lot of motorists grossly over estimate the safe speed in conditions of fog or otherwise impaired visability.