Artist and council chief in court over deaths

Feb 14 2008 by Neil Mckay, The Journal

THE creator of an inflatable artwork that lifted off its moorings, killing two North East women, was yesterday charged with manslaughter by gross negligence.

A council director and his authority were also charged with health and safety breaches.

Maurice Agis, 76, was charged in connection with the deaths of Elizabeth Collings, 68, and Claire Furmedge, 38, who were killed when his inflatable artwork Dreamscape reared up into the air on a warm Sunday afternoon on July 23, 2006.

The women were among dozens of visitors to the colourful walk-in attraction which had been installed at Riverside Park in Chester-le-Street, County Durham.

Mrs Furmedge, a radiographer, of Whitehills, Chester-le-Street, was visiting the park with her children Jessica, eight, and Emily, six. Mrs Collings, a retired clerk, was with her grandson Craig, 14, who suffered cuts and bruises.

Rosie Wright, then three, of Langley Park, County Durham, suffered multiple injuries. Her life was saved by paramedic Jane Peacock and an off-duty anaesthetist who stabilised her before she was flown to hospital in Newcastle.

Last night Rosie’s mother Penny, whose daughter has made a remarkable recovery, confirmed police had informed her of the charges and said she had been advised by officers not to discuss them.

A police statement issued yesterday said: “Durham Constabulary has today charged Maurice Agis, aged 76, with gross negligence manslaughter following advice from the Crown Prosecution Service (CPS).

“Mr Agis, who was charged at Charing Cross police station in London, also faces an offence under Section 3(2) of the Health and Safety at Work Act of 1974. He has been released on police bail to appear before Peterlee magistrates on February 26 at 2pm.

“The CPS has also authorised proceedings, arising out of the same incident, against the Liverpool-based promotions company Brouhaha International Limited for a breach of Section 2(1) of the Health and Safety at Work Act 1974 and Chester-le-Street District Council for a breach of Section 3(1) of the same Act.

“In addition, Tony Galloway, the district council’s director of development services, has also been charged with a breach of Section 37(1) of the same Act. They will all be summonsed to appear before Peterlee Magistrates’ Court on February 26.

“These proceedings follow a lengthy investigation by Durham Constabulary and the Health and Safety Executive (HSE). The CPS special crime division has been advising the police and the HSE during the investigation.

“The families of those killed and the people injured have been informed of today’s developments.”

The charges against Mr Galloway and his employer, Chester-le-Street District Council, concern failure to protect visitors to Dreamscape from risk.

The council booked the artwork for the park. A spokesman said: “The council has co-operated fully with both the HSE and police investigations. We are not in a position to make any further comment on the Health and Safety Executive conclusions at this stage.”

Brouhaha International’s chief executive is Agis’s son Giles.

Dreamscape – a labyrinth of coloured pods and tunnels described by the artist as “surreal, magic, like swimming in a sea of changing colours” – was first shown in Copenhagen in 1996 and had been enjoyed by 250,000 visitors across Europe before the tragedy.

Celebrated as an accessible piece of art, it enabled hundreds of people at a time to enter the maze-like structure. After removing their shoes, they wore capes and wandered around inflated walkways to specially composed music and sounds.

Investigators are looking into whether the sun warmed the air inside so much that despite the attachment of extra ropes, the structure rose 150ft.