A row over health and safety at a Douglas building site can be heard by civil courts – even while the developer is being prosecuted.

Deemster Doyle says Ian Abrahams can press ahead with his case against Douglas Council and the Department of Local Government and the Environment.

Mr Abrahams faces charges under the Health and Safety at Work Act but wants to continue work at a property in Mona Street despite a DLGE notice ordering him to stop.

The department argued that to hear the civil case, while criminal charges are still outstanding, carried the risk of prejudicing proceedings.

James Davis reports (audio file attached):

Mr Abrahams is fighting a prohibition notice served on him at the property by Health and Safety inspectors, who argued employees are at risk because of a threat of collapse.

DLGE argued that to carry on with the case could prejudice any trial and the hearing should be halted until the criminal courts reached a verdict.

But Mr Abrahams said he wanted to continue work as soon as possible.

Deemster Doyle said he’d allow the civil case to continue, and awarded costs against the department.