Duncan MacGillivray, 75, died on 17th September 2007, at Coal Pier, Dunoon, when he apparently put his car into forward gear rather than reverse, mounted the curb which had no barrier, and fell into the sea below.
Dunoon Sheriff Court heard that although there were some barriers at Coal Pier, a former commercial pier operated by Argyll and Bute Council as a car park, there were none in the area where Mr MacGillivray had parked, just a small kerb. When his car went forward, it mounted the curb and fell into the sea. He was trapped in his car and drowned.
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The court heard that after the Pier changed use and became a council-operated car park, no risk assessment had been undertaken, no-one had identified the risk of individuals and vehicles entering the water, and no action had been taken to provide the necessary edge protection to prevent individuals or vehicles entering the water, and Mr MacGillivray's death was a consequence of this.
Argyll and Bute Council pleaded guilty to breaching Section 3(1) and 33 (1) of the Health and Safety at Work etc Act 1974.
Following the case, HSE Inspector Mike Orr said: "This tragic incident could easily have been prevented. A simple risk assessment would have identified the clear risks of an unprotected sheer drop into the sea at the edge of a car park.
"Argyll and Bute Council should have been well aware of its responsibilities and its failings are clear."
(GK/BMcC)
