SWW pleaded guilty at Exeter magistrates’ court yesterday.
Mr Joseph Millington, acting on behalf of the Drinking Water Inspectorate (DWI) , called for the sentencing to take place at the crown court, where larger fines can be issued.
He said: “Given the high-profile nature of this case, and to ensure that the message is heard loud and clear by local residents that the criminal justice system will treat offences of this nature with the utmost seriousness, we respectfully submit that the crown court would be the most appropriate venue to deal with this case,”
But Mr Dominic Kay KC, representing South West Water, argued that sentencing should take place at the magistrates’ court. He said the company’s view was that the incident was at the “medium” level of culpability in sentencing guidelines.
Read on to find out who won this particular argument: the DWI or SWW? – Owl
Alex Ross www.independent.co.uk
A total of 143 people were confirmed to have caught the waterborne disease, which causes sickness and diarrhoea, after it entered the water network in Brixham almost two years ago, due to a damaged valve in the network.
The company, which initially said the water was safe to drink as cases first emerged, issued a “boil water” notice to thousands of households and businesses, instructing them not to drink tap water without boiling it first.
South West Water has admitted supplying water unfit for human consumption after an outbreak of cryptosporidiosis in a Devon seaside town that left dozens of people ill.
At Exeter Magistrates’ Court on Wednesday, the firm pleaded guilty to supplying water unfit for human consumption within the Littlehempston Water Supply Zone between 31 March and 1 June 2024.
Inside the courtroom were several residents from Brixham, some of whom claimed to have suffered medical conditions since the outbreak, including irritable bowel syndrome. They said the town had suffered “untold damage” as a result of the outbreak.
Water minister Emma Hardy also reacted to the guilty plea, describing it as a “crucial step toward accountability”. She said: “Contamination of drinking water is rare – but it is utterly unacceptable. The communities affected by this abhorrent incident in Brixham deserve answers.”
The prosecution was brought by the Drinking Water Inspectorate (DWI), which investigated the incident along with the UK Health Security Agency. The court heard that it was the DWI’s view that the offence was at the “higher end of culpability”.
Mr Joseph Millington, acting on behalf of the DWI, said: “Not only was this a high-profile case, but this incident impacted a significant number of people across a broad geographical area.
“It resulted in an adverse impact in the public confidence in water supply in the area.”
“Its effects were, some of the complaints say, long felt after the lifting of the boil water notices [which lasted eight weeks]. There was, of course, local inconvenience, economic impact, and impact on education throughout this incident.”
Mr Millington called for the sentencing to take place at the crown court, where larger fines can be issued.
He said: “Given the high-profile nature of this case, and to ensure that the message is heard loud and clear by local residents that the criminal justice system will treat offences of this nature with the utmost seriousness, we respectfully submit that the crown court would be the most appropriate venue to deal with this case,”
But Mr Dominic Kay KC, representing South West Water, argued that sentencing should take place at the magistrates’ court. He said the company’s view was that the incident was at the “medium” level of culpability in sentencing guidelines. District Judge Stuart Smith decided to keep the case in the magistrates’ court for sentencing, which will take place in June.
Among those in the public gallery was resident Tanya Matthews, who was one of the first people to report feeling unwell on social media, triggering a wave of similar complaints. After falling ill, the 42-year-old said she went to hospital with continued stomach complaints, and now suffers from irritable bowel syndrome.
She told The Independent: “I’m just glad we’ve got this far and someone will take accountability for what happened. The town and its people have suffered untold damage from the outbreak, and now we are being heard.”
Following the outbreak, locals had complained about a lack of communication from the company and the knock-on impact of the incident on tourism for the town.
There was also anger after South West Water initially said the water was safe to drink on 14 May, after the first confirmation of cases of cryptosporidiosis, before issuing the “boil water” notices a day later.
Following the outbreak, South West Water chief executive Susan Davy, who stepped down last year, said she was “truly sorry”.
Ms Davy said: “To those in the affected area and our customers across the southwest, I am truly sorry for the disruption and wider anxiety this has caused. While incidents like these are thankfully very rare, our customers expect a safe, clean, and reliable source of drinking water.”
Also speaking after Wednesday’s hearing, residents Lisa and Kris Horswill said they still do not drink tap water as a result of the outbreak. “Now they will get fined, but who will that hit? Those paying the bill, of course,” said Mrs Horswill, 54.
Caroline Voaden, MP for South Devon, said the admission was a “long time coming”.
She said: “I am glad that SWW have owned up to their serious failures. This awful event should never have happened.”
Marcus Rink, chief inspector of the DWI, said: “While such incidents are very rare, this incident had a significant impact on the public and the wider community. The court will now decide what the outcome of the failing should be.”
The case was adjourned for sentencing at Exeter Magistrates’ Court in June.
Fines?
If we were a civilized country, those responsible should receive a custodial sentence.
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I heard a spokesperson from OFWAT talking about water companies being fined but, oh no, customers would not have to pay. What planet are these people on? Of course the customers will have to pay, where else does the money come from? The investors only lend the money in returns for hefty dividends, and boy, they’ve enjoyed a few of those over the years! They should be prosecuted and jailed. It’s the only language they’ll understand. They’ve been taking the p*** for far too long and then not dealing with it properly! Please excuse the rant.
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