Family's plea over truck death

His parents have asked for a judicial review after rejecting the coroner's verdict that Stephane Aineto's death was accidental.

Mr Aineto's family says evidence was not thoroughly investigated, prompting the demand for a new inquest before a jury to discover how he died.

Mr Aineto, 28, of Upper Lewes Road, Brighton, was fatally injured after a night out with friends in the city on July 29 last year, exactly a year ago today.

He was walking in a pedestrian area of East Street when he was run over by a seven-and-a-half tonne truck operated by Sita.

It is believed Mr Aineto, a kitchen porter at Brighton College, may have stumbled and fallen under a rear wheel.

A subsequent police investigation concluded his death was an accident. No action was taken against the truck driver, who was said to be devastated and found not to be at fault.

Brighton and Hove coroner Veronica Hamilton-Deeley recorded a verdict of accidental death at the inquest in December.

However, Mr Aineto's parents, who live in Toulouse, believe the breakdown in the management of the city's refuse collection at the time contributed to their son's death.

Tony Wilson, the GMB union health and safety representative at Sita, had raised concerns about the safety of the truck two years earlier.

The Argus also revealed the city council initially failed to provide full details of the crash to the Health and Safety Executive (HSE), as required by law.

The HSE only found out about the accident when approached by Mr Aineto's family six months after his death.

Mr Aineto's sister, Sandrine, 25, said: "We have tried our best to get the coroner, council and the police to address our concerns but it is now clear we will only make progress if we issue legal proceedings.

"We wanted to avoid going to the courts but we have been given no alternative.

"It is clear to us much of the potential evidence that should have been explored in the original investigation has been completely ignored."

Her husband, Karim Mehadhebi, said the truck should not have been driving through a pedestrian zone at night.

Mrs Hamilton-Deeley acknowledged this point when she said motorists should "cease forthwith" from driving north along East Street.

Mr Mehadhebi said: "It seems immediately after Stephane died, Sita, the council and the workforce were quick to blame each other for the recognised disorder in the refuse collection service.

"This may be coincidental but we believe the chaotic situation in the service, the lack of safety features in the truck and the way it was being driven, contributed to Stephane's death."

The family's London-based solicitor, John Halford, said: "Stephane's death is a tragedy and nothing can change that.

"What can change is the response of the authorities and the potential for lessons to be learned, in order to avoid something similar happening in future.

"A death such as this calls for a thorough investigation, followed by a thorough inquest before a jury, with input from the HSE on questions such as the safety of the vehicle involved and working practices.

"The deceased's family should be treated fairly, so as to able to participate fully in such an inquest, for example by being shown the documentary evidence that will be examined well in advance."

Brighton and Hove City Council was unavailable for comment.

However, at the time calls for an investigation into safety were made, a spokeswoman said: "We are extremely sorry the family of Stephane Aineto has had to suffer extra anguish because of an unsubstantiated statement about the safety of the refuse vehicle.

"There is no evidence to support the claim. The incident reports from the police, the council and Sita were all received by the Health and Safety Executive and it was satisfied that this was a road traffic accident. Therefore, there are no plans to hold a public inquiry."

The council later admitted it did not inform the HSE and said the responsibility for reporting the incident always lay with Sita.

Sita said it would discuss the matter with the HSE.