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Prosecution criticised as manslaughter charge dropped

by isleofman.com 25th April 2010

Criticism of the Attorney General’s Chambers is mounting after criminal proceedings against a Department of Transport worker accused of manslaughter were dropped.

Brian Tomlinson, 63, walked free from Douglas courthouse after he was found not guilty of causing the death of motorcyclist Alan Osborne by gross negligence.

Mr Osborne from Kent died in an accident at road works on the Mountain Road in May 2007. It’s since emerged he had ridden his motorbike at more than 90 miles per hour just before the collision, was blind in one eye and was wearing a dark visor, illegal in the UK.

Chiefs of what is now the Department of Infrastructure say they’re delighted the charge against Mr. Tomlinson failed and that the past few years have been extremely difficult for him, his family, friends and colleagues.

He’s thanked those who helped him during the ordeal and Mr Tomlinson's advocate says the matter should never have gone to court.

Infrastructure Minister Phil Gawne says while there was a safe system for road side working in place at the time of the incident, they’ll look closely at the ruling to see if changes need to be made.

Mr Tomlinson was given an absolute discharge for a breach of Health and safety at Work act, which he'd admitted.

The Department is expressing its sincere condolences to the family of Mr Osbourne.

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Posted by isleofman.com
Sunday 25th, April 2010 09:34pm.

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