Asda fined £225,000 after father is killed by falling car park barrier

Asda was fined £225,000 yesterday after a customer was killed by a car park barrier which smashed through his windscreen.

Kenneth Farr, 37, suffered fatal head injuries in the tragedy, which was seen by his young daughter in the back seat.

An inquest has already heard how the unsecured steel security barrier at the Asda store in Cardiff Bay was blown by a gust of wind and hit Mr Farr in the head.

Following a verdict of unlawful killing, Asda Stores yesterday admitted two charges brought by Cardiff Council under the Health and Safety at Work Act.

The company was also ordered to pay legal costs of £42,000 over the incident in May 2002.

Prosecutor Graham Williams told Newport Crown Court: "The general store manager fell down because he did not implement steps to stop this from happening."

Judge Nicholas Cooke QC said: "Nothing I can do or say will do anything to assuage the effect of the consequences of this incident.

"Simply because a company is large I cannot impose an enormous fine. I need to impose a fine large enough to come to the attention of the company directors.

"There are many aggravating features in this case. The company failed to identify a potential fatal risk."

Mr Farr's widow Helen and eldest daughter Emma, 13, were in court along with other family members.

Last night Mrs Farr said: "Asda has never apologised to me - they should have been prosecuted for manslaughter."

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Asda installed the barrier to stop the car park being used for late-night car rallies and by skateboarders and BMX bikers.

It should have been secured by a padlock but on the day of Mr Farr's death it was allowed to swing free.

Mr Farr, a father of three from Penarth, was on his way to buy a garden shed when the barrier was blown into his windscreen by a gust of wind.

It went through the driver's side window striking Mr Farr a fatal blow to the head.

His three-year- old daughter Jessica was rescued from the car by passers-by who shielded her from seeing her father's injuries.

The two-week inquest in 2006 was told that the heavy barrier was difficult to open and close.

Asda's divisional environmental health manager said it was the job of the store's security team to check the barrier was secured, but one of the security guards said he had not been told to do so. The inquest also heard from shoppers who had seen the barrier swinging in the wind.

Asda have since scrapped similar barriers at their stores and urged other supermarkets to do the same.

Mark Turner, QC, defending, said: "Asda are deeply sorry about what happened. The best way we can say sorry is by spearheading safety campaigns."