Eze Kinsley had been developing a former office block in Essex when the HSE were prompted to visit after concerns were raised by the public about the risk of debris falling from the upper floors, and workers potentially falling from height. The HSE visited on 28 February 2013 and found that the complaints were well founded, there being in particular a risk of injury to members of the public who had access to the road alongside the site. Mr Kinsley verbally abused the inspector which prompted the inspector to return later in the day accompanied by police officers when he served prohibition notices requiring work on site to come to an immediate stop. However, this step led to a further altercation with Mr Kinsley assaulting the inspector.
After it came to light that the work had not stopped, a further prohibition notice was issued on 3 April 2013, which was said to have been breached within 1 hour of it having been issued.
After being found guilty of two charges of breach of s.3(2) HSWA Mr Kinsley was sentenced to 30 months in prison. That sentence was to be served concurrently with three 12 month sentences for failing to comply with a Prohibition notice, which is an offence under s.33(1) (g) HSWA and he was ordered to pay costs of £5,000. Mr Kinsley had been found guilty of assaulting the HSE inspector at a previous court appearance.