Nearly four years on, crush victim’s family must wait for court hearing

SUBMITTED - copy pic of Nazar Hussain, who died in an accident at the Nestle factory, Halifax
SUBMITTED - copy pic of Nazar Hussain, who died in an accident at the Nestle factory, Halifax

THE WAIT goes on for the family of a grandfather killed at a Halifax sweet factory.

Relatives of Nazar Hussain will have waited nearly four years for justice since his death from head injuries at Nestle’s Bailey Hall Road factory in Halifax .

Nestle UK admitted failing to ensure the safety of employees in July this year and the company was due to finally be sentenced this week.

But the Recorder of Bradford, Judge James Stewart, adjourned the case until March.

Prosecution counsel Jonathan Salmon had begun to outline the case but then the decision was taken that Judge Stewart should visit the factory.

Despite the prosecution opening not being completed, the court heard details of Mr Hussain’s death in a depalletiser machine, which unloads Quality Street tins.

Mr Salmon said the death could have been avoided if correct safety training had been given. “There was poor training and instruction and there was inadequate assessment of the risks associated with this machinery,” he said.

“All these factors led to the tragic death of Nazar Hussain.”

Health and Safety Executive investigations found that between 1997 and 2001 there had been 30 cases of serious accidents using depalletisers tin the UK.

A DVD was shown, outlining new safety measures installed since the Halifax accident.

These include a key-exchange system, locked gate, extra notices, extra barriers and an overhead mirror for better visibility of the area.

The court heard Mr Hussain died after returning early from his break and stepped inside the machine to remove a blockage.

A colleague, unaware of his return, started the machine up and the 55-year-old was fatally injured by sustained the moving parts.

The defence are yet to present their mitigation and said part of the reason for the adjournment was to address issues arising from the prosecution evidence.

The case will reopen on March 8, beginning with the site visit, for two days.