A dad-of-two suffered a broken neck when an “appallingly badly” done DIY firework display went wrong.
Gary Williams was carrying his four-year-old daughter when he was struck with falling firework debris but miraculously managed to pass her to someone else before he collapsed in agony.
He was treated in hospital for burns and discharged but returned the next day in extreme pain where a scan revealed he had suffered a broken vertabrae in his neck.
The managers of the Saughall Hotel in Saughall Massie , who were shooting fireworks from the flat of their pub, were today given suspended prison sentences for health and safety breaches.
Clinton Page and Angela Ruscoe both admitted failing to carry out a risk assessment and failing to ensure the safety of non-employees.
Nigel Lawrence, QC, prosecuting, told the court that Pagan Pubs Ltd had been dissolved in October 2017 but if it had not been the company would also have been prosecuted.
Page and Ruscoe were joint directors at the time and managed the Saughall Hotel where the display took place.
He described their culpability as “very high” and pointed out that fireworks are “extremely dangerous, containing explosives.”
Mr Lawrence said there had been: "Cost cutting at the expense of safety. This was a DIY job done appallingly badly without having to incur the expense of someone doing the job properly and without taking any reasonable measures of precautions."
The judge, Recorder David Swinnerton, told the pair: "In essence the description that it was a DIY amateur job on the cheap is exactly right.
"In terms of risk assessment there had been none at all."
He pointed out that children and babies were among the 200 strong crowd at the event on November 5, 2015, and it was expected that it would be safe and professionally done.
The victim was there with his wife, their young daughter and ten-month-old baby and he went in and out of the pub to watch the display.
He left the bar directly beneath the pub extension where the fireworks were being launched from a flat roof, and while holding his daughter, he was struck by the falling debris.
A victim impact statement made two years later revealed he had on-going pain and problems with his neck and despite physiotherapy he was still unable to pick up his young children and put them on his shoulders.
He said: "It has impacted on his day-to-day life."
Liverpool Crown Court heard that after he was injured the £500 display continued for another eight minutes before being brought to a halt.
Page and Ruscoe had not obtained the relevant guidance for holding such an event and had not even followed the instructions of the firework boxes.
There were no marshals and those running the display, Page, Ruscoe and an employee, were all on the roof launching the fireworks.
The defendants had shown “flagrant disregard for the law,” said Recorder Swinnerton. He pointed out that 40-year-old Ruscoe used to run riding stables and Page, 48, worked in pubs. “You were fully aware that there were laws governing firework displays.”
Page, of Whaley Lane, Irby and Ruscoe, of Isley Close, Upton, were both sentenced to 12 months imprisonment suspended for 18 months and ordered to pay £1,000 each towards the £23,522 costs of the prosecution brought by Wirral Borough Council.
Page was also ordered to carry out 200 hours unpaid work and Ruscoe, was ordered to do 100 hours and to carry out 10 rehabilitation activities.
Paul Woods, defending, said that Page, who has "learnt from his mistake" suffers from poor health, including osteoarthritis and is out of work.
References included one from former Wirral Mayor Les Rowlands who told how Page had been involved in raising money for charity.
Michael Davies, defending, said that Ruscoe earns £25,000 a year but she is a bankrupt and as a single mum of a 15-year-old son has no money at the end of each month. Her former husband is involved in his son’s life but had suffered a brain injury after being assaulted on a night out.
