Dreamspace families disgusted by Maurice Agis appeal victory

Aug 14 2009 by Neil McKay, The Journal

NO one can call this justice. That was the angry reaction of Gary Furmedge yesterday after learning that the creator of the giant inflatable from which his wife fell to her death has had his fine reduced by £7,500.

Claire Furmedge, a 38-year-old radiographer, was with her two daughters at the Riverside Park, Chester-le-Street, County Durham, on July 23, 2006 when the Dreamspace inflatable broke free from its moorings and soared 150 feet into the air.

Mrs Furmedge, of Graythwaite, Chester-le-Street, and Elizabeth Anne Collings, 68, from Dalton-le-Dale, Seaham, were both killed.

On Wednesday the Court of Appeal reduced the fine of Dreamscape creator Maurice Agis, 77, from £10,000 to £2,500.

The original penalty had been imposed by Newcastle Crown Court after Agis, from Bethnal Green, east London, admitted failing to ensure the safety of the public. The jury failed to reach a verdict on two manslaughter charges.

Mr Furmedge said yesterday: “My family and I are upset and extremely angry about the Court’s decision to uphold Maurice Agis’ appeal. Let down by the Crown Prosecution Service whose management of the criminal trial failed to gain a manslaughter conviction against Maurice Agis. Let down by the judicial system for allowing an appeal against a wholly inadequate original sentence, and let down by the judges who upheld that appeal.

“No one can call this justice”

Susan Campbell, daughter of Mrs Collings, described the decision to reduce Agis’ fine as “a disgrace,” adding: “We feel the effect on the families was not adequately taken into account. The accident could have resulted in more deaths.

“Maurice Agis’ actions placed hundreds of people’s lives at risk. Despite this, we feel all the sympathy has been given to him and not enough to the families. We are disappointed by the criminal justice system as a whole which has now kicked us in the teeth so many times we now feel we have no teeth left.”

Sally Moore, a partner in London law firm Leigh Day and Co which is acting for both families, said: “At the criminal trial, the judge, Lady Justice Cox, had made it clear that if Mr Agis was unwilling or unable to pay the £80 per month fine, she would not hesitate in imposing a six month custodial sentence.

“At the time, the families were extremely disappointed and angry that the artist was not convicted of gross negligence manslaughter charges and now they have to deal with the fact the justice they did receive has been further reduced.

“Both families have been devastated by the outcome of the appeal. Nothing can compensate for the loss of Anne and Claire’s lives, but receiving appropriate justice can help families to move forward without them. We are all amazed and shocked by the decision”

Reducing Agis’s fine to £2,500, Lord Justice Goldring, sitting with Mr Justice Griffith Williams and Mr Justice King, said: “We are very conscious that it bears no reflection of what happened and cannot even begin to reflect the suffering to which the judge (trial judge) referred. However, these are very unusual circumstances, and we are dealing with a very elderly appellant who is very ill.”

The Crown Court heard that Agis relied on grants to fund his artwork and his sole income was a £125-a-week state pension.