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Company will not be able to pay fine over deaths of workers who suffocated

14 0
01.04.2026

The bodies of Neil Moon, 49, from Spalding, and 34-year-old Jonathan 'Jon' Collins, from Watton, were discovered at Banham Poultry in Attleborough in October 2018.

Both died from asphyxiation following a build up of nitrogen in a narrow external passageway they had entered as part of their work to eradicate rodents.

Neil Moon and Jonathan 'Jon' Collins were described as much loved family men (Image: Norfolk Constabulary)

Banham Poultry Ltd and Air Products plc have both pleaded guilty to health and safety offences over their deaths.

Norwich Crown Court was told a pipe taking away nitrogen from the system that chilled slaughtered chickens had been modified three times by contractors Air Products in the months before the incident.

Barrister Shauna Ritchie, representing Banham Poultry Ltd, said “unplanned and unapproved” work in April 2018 had seen the replacement of fittings that meant the duct was no longer fixed to the factory chimney.

As a result the pipe slipped from the factory roof into the narrow passageway between the factory and Attleborough railway station sometime after September 27.

Illustration of where bodies of pest controllers were found (Image: Google)

Police at Banham Poultry after the men's deaths in October 2018 (Image: Newsquest)

Ms Ritchie said: “The lack of inspections meant that no-one recognised the dangers caused by the failure of the ducting and the risk of pooling of nitrogen in the passageway.”

The judge, Mrs Justice Judith Farbey, commented: “Given this was effectively plan D and nitrogen is classed as a dangerous gas, should Banham not have been all over it?”

Ms Ritchie said the risks had been “unforeseen and unforeseeable” and that the company had an “overreliance” on the contractor.

Banham had an estimated turnover of £1.2m at the time and had a “good safety record”, she added.

Safety failures saw a pipe fall into a passageway causing build up of nitrogen (Image: Newsquest)

Banham Poultry has since gone into liquidation (Image: Newsquest)

The company has since gone into liquidation with 534 creditors owed money, meaning it will not be able to pay any fine imposed by the court.

Mrs Justice Judith Farbey commented: “I note that Air Products has made a claim. I find that surprising.”

Barrister Simon Antrobus KC, for Air Products plc, which has an annual turnover of $12.1 billion, said the company wished to apologise for failures that had led to the deaths.

The sentencing hearing continues.


© Eastern Daily Press