New inquiry into dustcart death

New inquiry into dustcart death

Solicitor General Harriet Harman agreed to a High Court review

The family of a Frenchman killed by a council refuse truck in Brighton have been given permission to challenge his inquest verdict.

Stephane Aineto died in July 2001 in a pedestrian area of East Street after being struck by the dustcart.

His family has been seeking a fresh inquest and on Thursday The Solicitor General, the Rt Hon Harriet Harman, gave permission for the case to be reviewed by the High Court.

In August 2002 the family were told they had permission to bring a judicial review by Mr Justice Hooper.

Now the two legal proceedings will be heard together.

Under the Coroner's Act the High Court can order a new inquest if it is "necessary or desirable in interests of justice".

Stephane's death is a tragedy and nothing can change that

John Halford, solicitor for the family

Mr Aineto was 28 years old when he was killed in the early hours of a Sunday.

The inquest held in December 2001 concluded his death was an accident.

But his family have campaigned for a fresh inquiry.

The original hearing was held without a jury, had no involvement from the Health and Safety Executive and heard no evidence from the council.

Mr Aineto's sister, Sandrine, said: "We are delighted that the High Court will now be able to make a full inquiry into the adequacy of the inquest and consider all the new evidence that was not heard."

Lessons learned

John Halford, of Bindman and Partners, the solicitor for the family, said: "Stephane's death is a tragedy and nothing can change that.

"What can change is the response of the authorities and the potential for lessons to be learned in order to avoid something similar happening in future.

"A death such as this calls for a thorough investigation, followed by a through inquest before a jury, with input from the Health and Safety Executive on questions such as the safety of the vehicle involved and working practices."