By James Simons-
The Health and Safety Executive in Waltham Forest is considering criminal charges after a man was killed by a falling tree in a Walthamstow nature reserve.
Lukasz Costazza, 30, died seven years ago on June 9 in the Low Hall Nature Reserve, which is owned by Waltham Forest Council. Mr. Costazza’s family are still very distraught over his death, and are supporting the prospect of criminal charges.
Guidance from the National Tree Safety Group (NTSG) states that “under both the civil law and criminal law, an owner of land on which a tree stands has responsibilities for the health and safety of those on or near the land and has potential liabilities arising from the falling of a tree or branch”.
In respect of common law, a duty of care is owed to “any person who can be reasonably foreseen as coming within the tree’s vicinity” including those using public footpaths likely to “come within striking distance of trees on adjacent land”.
In the event of a tree failure, criminal prosecution can occur under the Health and Safety at Work, Act 1974. Birmingham City Council was prosecuted under s.3 in 2002 following the death of three people when a tree fell at the time.
The NTSG guide notes that “a key objective for most owners and managers is to maintain a defendable position at the lowest cost while avoiding undesirable loss
A pre-inquest review yesterday heard the reserve contained “crumbling” trees that had not been felled to “increase biodiversity”.
Assistant coroner Dr Shirley Radcliffe said she was keen to “push on” with a jury inquest by the end of this year, the Health and Safety Executive (HSE) is still deciding whether or not to pursue criminal charges.
Criminal the inquest would likely be delayed further until the conclusion of the legal proceedings.
HSE investigator Charles Linfoot said: “The overall Covid situation and sadly my personal health has delayed matters but we are nearly ready to put the report through to the legal services division before I [retire].”
Referring to a statement from Waltham Forest Council, assistant coroner Dr Shirley Radcliffe said: “It seems to me there are quite a lot of questions about tree management and allowing trees to remain, even though they are crumbling, to increase biodiversity.
“And to recognise that this area was used for ‘nefarious purposes’, which is not a word I’ve heard a lot.”
Dr Radcliffe added that arboriculturalist contractor Gristwood and Toms will also be considered an interested person, meaning their participation may be required during the inquest.
When contacted for comment, an HSE spokesperson said: “We have worked closely with the police on the investigation into this incident, with HSE taking the lead in 2019.”
A spokesperson for Waltham Forest Council declined to comment on exactly how long its investigation into the death took.
The Metropolitan Police confirmed there was no direct third party involvement in Lukasz Costazza’s death in a statement issued on July 27.
A Met spokesperson confirmed that his body was discovered on June 9 in Low Hall Wood Nature Reserve after being called by the London Ambulance Service.
They added: “Officers from the Met’s Specialist Crime Command established that there was no suggestion or evidence of any physical third party criminal involvement.
“The Met then carried out a joint investigation with the Health and Safety Executive (HSE) into the circumstances of Mr Costazza’s death.
“The police investigation resulted in no further action being taken following consultation with the Crown Prosecution Service. The HSE took over the investigation in 2019.
“As we await the inquest into Mr. Costazza’s death we are unable to comment further until this process has been completed.