David Sapiecha, representing Devon and Somerset Fire and Rescue Service, successfully prosecuted an apartment block management company, a director of the management company, and a consultant fire risk assessor for failings under the Regulatory Reform (Fire Safety) Order 2005 at Plymouth Crown Court.
After successfully arguing the court should reject defence arguments that the evidence of the independent expert relied upon by the prosecution should be ruled inadmissible, and an application as to dismissal.
All three defendants then entered acceptable guilty pleas and were sentenced following a newton hearing where after hearing witness testimony the judge ruled that the prosecution’s version of events was to be preferred.  The director made significant changes to the building which compromised compartmentation and even had a mechanical venting system removed in order to create a further residential flat in its place. The management company allowed him to do so relatively unchecked, and the fire risk assessor produced an assessment which was neither suitable nor sufficient.
