The troubled Arcadia Group and Topshop/Topman appeared before a judge today accused of allowing the death of a 10-year-old boy in one of their stores through unsafe practices.
The court heard how the retail empire owned by Sir Philip Green and its child company, which plunged into administration at the end of last month, could be unrepresented at a trial where they faced a potentially huge fine if convicted.
Prosecutors told how, even though the case concerned the death of a child, the local council which was pursuing the case would have to consider whether it was worth continuing in light of the collapse of the multinational group, which included Burton and Dorothy Perkins stores.
The charges related to Kaden Reddick, 10, who was killed when a 110kg queue barrier at a Topshop store in Reading, Berks., fell on his head on February 13, 2017.
Lisa Mallett, Kaden’s mother, who had been at the store with her mother and two daughters when Kaden died, said she had heard a ‘smack’ before turning to see her son with the barrier on top of him.
Kaden Reddick, 10, of Burghfield, Berkshire, died after being hit by a 3ft queue barrier inside a Topshop store in Reading
More than three years after Kaden’s death, Arcadia Group Ltd, Realm Projects Ltd, Stoneforce Ltd and Topshop/Topman Ltd were all charged with health and safety offences in relation to the incident at the popular Oracle Shopping Centre in Reading.
Realm Projects was the manufacturer and Stoneforce were responsible for fitting the barrier in the store.
James Ageros QC, prosecuting, said: ‘The prosecution intention is to continue the prosecution against all of the defendants.
‘Of course, we will have to take into account factors in relation to Arcadia and Topshop/Topman Ltd, which are currently in administration.
‘If the prosecution is to be continued against them, we will need to get the consent of the administrators or the consent of court, if the administrators do not grant consent.
‘The present intention is to continue the prosecution subject to obtaining consent.’
The court heard that Stoneforce Ltd had gone into liquidation, so the prosecution would not need consent to proceed with charges against them.
Pictured: Police and paramedics at the scene of the Oracle shopping centre, in Reading, after 10-year-old Kaden was fatally injured by a queue barrier at Topshop inside in February 2017
When the defendants appeared before magistrates and were committed to the Crown Court on November 19, the charges they faced were of an employer/self-employed person breaching a general duty to person(s) other than an employee between May 1 2012 and February 14 2017, erect or install unsafe work article/fairground equipment during the same dates and contravening a health and safety regulations.
The charges, which had not yet been formally put, were subject to change.
At that hearing in the lower court, Realm Projects Ltd had indicated a ‘not guilty’ plea and so a trial would go ahead against that company, the prosecution confirmed.
Mr Ageros said the prosecuting authority, Reading Borough Council, would review whether the prosecution should go ahead.
Pictured: Sir Philip Green, owner of Arcadia Group
He added: ‘The fact that Arcadia is now in administration and Stoneforce in liquidation are factors that the prosecution will have to take into account when considering, among other things, the public interest.’
Reading Crown Court heard that the trial would be estimated to last three months, to which Judge Heather Norton commented ‘gosh’.
‘It is something of a gosh situation’, Mr Ageros agreed.
‘It is something of a long estimate but this is a complicated trial containing evidence which is not confined to just the circumstances of the Reading store.
‘It is a complicated case and the likelihood is that if the trial is fully contested there will likely be expert evidence called by all of the defendants.
‘Given the age of this case and given the understandable anxiety of the family of Kaden Reddick, who was 10 years old at the time of his death, there is an understandable anxiety for the trial to be continued at the earliest possible time.’
As they were in administration, it was possible that it could be taken that Arcadia and Topshop/Topman Ltd denied the offences but a trial would go ahead which they did not contest, meaning the companies would be unrepresented, the court heard.
The administrators of Arcadia and Topshop/Topman Ltd were represented by a lawyer at the hearing, which was held by telephone.
Mike Atkins, representing the administrators, said: ‘Arcadia and Topshop/Topman both went into administration at the end of November.
‘In short, the administrators have engaged with this case as best they can within the time since the company went into administration.
Kaden’s family had been to see the film ‘Sing’ at the Vue cinema at the Oracle shopping centre before deciding to ‘make a day of it’ by going shopping, stopping first at Topshop (pictured)
‘The administrators have neither granted nor declined to grant their consent but unfortunately are unable to move forward at this stage.’
Mr Atkins told the plea and trial preparation hearing that more time was needed before pleas could be taken from the companies and a new hearing date was listed for January 28 next year.
Judge Norton scheduled a provisional trial date of January 10 2022 which was listed to last for 10 weeks.
In March this year, an inquest recorded his death as an accident, but revealed failings from staff over what was called a ‘wobble test’ of the barrier.
Staff across the country were told to test barriers after another incident in Glasgow where a 10-year-girl was seriously injured, just days before Kaden’s death.
In delivering the verdict at the inquest the jury foreman said ‘evidence shows its fixings were inadequate to hold his weight’.
However, the jury of eight men and three women decided that although the 180kg queue barrier was ‘inadequately fastened,’ Kaden’s death was accidental.