7:18am Saturday 18th July 2009
By Gavin Engelbrecht
FAMILIES of people who died in the Dreamspace disaster hit out last night after the artist who created the inflatable was told he could appeal against his £10,000 fine.
The revelation comes months after Maurice Agis, 77, was told he could pay the fine at £80 a month – or face six months in jail – following his conviction for failing to ensure the safety of visitors.
The case will be heard at the Court of Appeal, in London, on August 12.
A month-long trial at Newcastle Crown Court ended after a jury failed to reach a verdict on two charges of manslaughter through gross negligence relating to the deaths of 68-year-old Elizabeth Collings – known as Anne – of Seaham, and mother- of-two Claire Furmedge, 38, from Chester-le-Street.
Their families spoke out last night, ahead of preparations for a preliminary inquest hearing on Tuesday, three years after the tragedy.
In a joint statement released through solicitor Sally Moore, they said: “Three years after the deaths of Claire and Anne, our families are still trying to come to terms with the loss of our loved ones.
“What we feel are the inadequacies of the judicial process and the subsequent sentencing of Maurice Agis.
“We have recently discovered that Maurice Agis has been granted leave to appeal his sentence of a £10,000 fine for his Health and Safety Act conviction, a decision that leaves us bewildered and angry.”
The families also criticised the “reluctance” of Chesterle- Street District Council – now superseded by the unitary Durham County Council – to take “full and proper responsibility”
for the part it played in the tragedy.
The authority which staged the exhibition of Dreamspace V at its Riverside Park in July 2006 and was represented on the Safety Advisory Group that approved the application for the event, was fined £20,000.
The families said: “The council chose to plead guilty to the Health and Safety offences they were charged with. This ensured that the court did not scrutinise the full extent of their (involvement), limiting coverage in the media reports, which subsequently focused on Maurice Agis.”
At his trial, Agis of Kirton Gardens, Bethnal Green, east London, denied the health and safety offence and charges of manslaughter.
On Sunday, July 23, 2006, Dreamspace V, a walk-in structure half the size of a football pitch, took off in a gust of wind.
The installation, made of multi-coloured PVC honeycomb cells, was on a national tour that had started in Liverpool and was due to finish in London. It had opened to the public the previous day.
About 20 visitors were inside when it was caught by a gust of wind. Several people were injured, some badly, including three-year-old Rosie Wright, of Langley Park, near Durham City, who was with her mother and brother.
The prosecution argued that Agis’ negligence led to the tragedy, because the structure was not properly tethered to the ground with ropes and pegs.
Mr Agis’ solicitor, Raymond Shaw, was not available for comment.
A county council spokesman said: “Durham County Council has now assumed the functions of the former Chester-le-Street District Council. We will co-operate fully with inquiries by the coroner."
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