DCSIMG

Builder on death charge: Jury out

The jury was sent out today at 10.35am.

The jury was sent out today at 10.35am.A BUILDER accused of the manslaughter of a city man who died

from carbon monoxide

poisoning told a court he was not responsible for his death.

David Johnson (56), claimed at Norwich Crown Court

yesterday that he told victim Robert Schenker to get in touch with a Corgi-registered engineer for advice about using his boiler.

Mr Schenker (31), died after being overcome by carbon monoxide fumes at his home in Meynell Walk, Netherton, Peterborough, in March 2006.

Johnson, of Delph Street, Whittlesey, had been fixing the chimney of the home but debris from the work blocked the flue of the boiler, the court has heard.

Yesterday, the builder admitted making no effort to see whether the flue was clear, claiming the job was not finished.

Under cross examination Deanna Heer, prosecuting, asked him: "You didn't tell Mr Schenker to turn the boiler off?" He replied: "I'm very emphatic about warning people to call a Corgi-registered engineer."

A police interview was also read to the court.

He was asked: "You don't think your work affects the boiler in any way?" He replied "no".

Johnson told the court: "I told him (Mr Schenker) the flue needed checking, the boiler needed checking and he needed advice on a cowl.

"I don't normally get involved with boilers. I tell customers to call a Corgi-registered engineer."

The court heard the boiler had never been serviced and it was burning off carbon monoxide.

Alastair Malcolm QC, defending, said there was no evidence to suggest Johnson was negligent.

He said: "A little bit of mortar going down the chimney cannot be said to be grossly negligent.

"If the Schenkers had had the boiler serviced regularly by a Corgi engineer he would have noticed it had no debris trap at the back of it. If serviced properly this death would never have happened."

Mr Schenker was found dead in his bed the day after the repair project finished.

Johnson denies manslaughter and breaching the Health and Safety Act.

The trial continues.


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Thursday 18 March 2010

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