Newhaven Port and Properties Lmited and Italian company Forship S.p.a. were prosecuted following a fatality during an evening in January 2005, when Luigi Feola, was killed after he fell into the docks. Mr Feola was carrying a hose along the quayside when he fell into the water and, whilst the alarm was raised by his colleague, his body was not found until the next day. A post mortem confirmed that Mr Feola had suffered a head injury prior to drowning. During the HSE’s investigation, it became apparent that the area where Mr Feola had fallen was very narrow, had insufficient edge protection and had no direct light. Mr Feola was also estimated to have worked nearly 100 hours a week for Forship and Forship was found not to have properly considered or assessed the tasks that its deckhands needed to complete on docking. Mr Feola was also not provided with any PPE such as a life jacket. Whilst an Improvement Notice was issued against Newhaven Ports following the incident requiring the quay to be properly maintained in a safe condition, it was found to be in breach of the notice three months later in April 2005.Forship was fined £100k with £43,782 costs after admitting breach of section 2(1) of the HSWA. Newhaven was fined £70k for breach of section 3(1) of the HSWA, £15k for failure to comply with the Improvement Notice and £34k costs.