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The creator of an inflatable sculpture that killed two people after breaking free of its moorings was charged with manslaughter yesterday.
Maurice Agis, 76, has spent more than 40 years devising public art and had toured Europe for a decade with the ill-fated Dreamspace, a giant walk-in artwork half the size of a football pitch, which visitors said was like a “psychedelic cathedral”.
The incident happened on a warm Sunday afternoon at Riverside Park, Chester-le-Street, Co Durham, in July 2006. Dozens of families, many with young children, were exploring Dreamspace’s coloured caverns and corridors when it suddenly reared 70ft into the air and flipped over.
The artist tried vainly to grab on to a rope to stop the plastic structure from taking off. Some of those inside were flung clear. Others were trapped inside.
Elizabeth Collings, 68, and Claire Furmedge, 38, were killed. Another 13 people were injured.
Among them was Rosie Wright, a three-year-old girl who fell 50ft from the sculpture, suffering multiple fractures and a punctured lung. Her life was saved by a passing anaesthetist and the prompt action of an air ambulance crew who flew her to hospital.
Mr Agis, from Bow, East London, was charged after a 19-month investigation by the Health and Safety Executive and Durham police.
Detective Superintendent Neil Malkin described it as one of the most complex inquiries he had dealt with. A team of up to 30 officers spoke to more than 700 people and took 200 statements.
A police spokesman said: “Durham Constabulary has charged Maurice Agis, aged 76, with gross negligence manslaughter following advice from the Crown Prosecution Service.
“Mr Agis, who was charged at Charing Cross police station in London, also faces an offence under Section 3 (2) of the Health and Safety at Work Act of 1974.”
The artist was bailed to appear before Peterlee magistrates, Co Durham, on February 26 at 2pm.
Brouhaha International Limited, a Liverpool-based promotions company was charged with breaching the Health and Safety at Work Act, as was Chester-le-Street District Council.
Tony Galloway, the council’s director of development services, has been charged with a separate breach of the Act.
The police spokesman added: “The families of those killed and the people injured have been informed of today’s developments.”
Mr Agis created Dreamspace in 1996 and the maze-like structure, comprising 115 interconnecting pods, had received more than 250,000 visitors in cities across Europe.
The project had received £60,000 from the Arts Council for a UK tour, and was due to have been sited next at Victoria Park in Hackney, East London.
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I know sometimes it feels like this country has gone health and safety mad, but this is exactly why. The artist and his team that set up and were running the event had a responsibilty to ensure that proper risk assessments were made and all efforts to minimise the risks had been taken. I imagine that as he is being charged under the H&S act this had not been done. That to my mind is unacceptable - the local council that licensed the event should have checked the paperwork and toured the site to make sure they were compliant - I wonder if that happened? The moral is: you can never be too careful.
Liz, Felixstowe, UK
I think we have to take into account the " 250,000 visitors in cities across Europe" and the fact they managed to leave unscathed. I visited the sculpture when it was in London and I have to say it did cross my mind that it was a little flimsy and also, somewhat of a fire hazard, to be allowing people inside. However, it was also an amazing experience. A tranquil and otherworldy place.
Diana, Belfast,
all involved should be VERY cautious. if this man is convicted, a precedent may be set that will bedevil British courts forever.
zane, danville, va/usa
How tragic... but like any public installation it would seem that part of the responsibility lay with the constabulary, or whatever public organization is responsible for public safety; I'm thinking specifically of playgrounds for instance.
If the sculpture had become a kind of playground for adults and children, then perhaps over time the structure also became compromised and there needed to be some sort of interface with public officials to inspect it regularly like all public works, and hold the artist responsible for upgrading its moorings.
Elan Durham, Santa Monica, CA/US
One would have thought that the park or wherever it was placed would have to be certain of safety before giving a permit for it to be located where and how it tethered. Clearly it was a freak wind that caused it to liftt this way and it is sad for the injuries to have happened. It is simple for people to just blame the artist but when there is a freak wind and a plane goes down due to wind shear, everyone gets off on a freak accident. I hope that the investigation sorts out responsibility and stops with the blame game. This is an old guy who entertained many with this work and never before had there been any issues with it. Nature does freakish things and clearly ground attachments were insufficient. This is both a public issue of responsibility not unlike a competently designed bus whose parking brakes were not applied on a hill. One does not blame the manufacturer for that but the installation ( parking) and thus the inspectors who permitted this in a public space.
Neil Fiertel, Spruce Grove , Canada (Alberta)
This seems to have been an accident (and accidents will happen as Elvis Costello once sang). Nothing more, nothing less, so to charge somone for manslaugher doesn't seem quite right.
Stephen Weeks, London, UK
Gotta blame something or someone..human nature dudes....i think the devil did it!!!!!!
E5150, Hades, Hell
Don from London
Please take a moment to review your puzzling statement. How the hell you can blame the government for this ?
How ?
It would have been the artists responsibilty to ensure that the artwork...or should i say. Coloured tent. Was secured sufficiently under the conditions. it was clearly not.
People DIED. Children MAIMED
This so called " artist " may have failed to ensure the safety of those people that he made money from.
Yes, it wasnt intentional, thats why its manslaughter, but please take a look at the responsibilities for these deaths and injuries.
Blame the government ???? Good God !! What next ?
Dave, Lincoln,
It was an unfortunate incident and it is even more unfortunate that the state has decided to prosecute Mr. Agis for the tragedy. The report mentions that the artwork has been around for 10 years and this is the first tragedy to befall it. If anyone should be blamed then it is the government for not taking precautionary measures and bring legislations for such exhibitions
don, London, London
I wondered how this could be manslaughter.Then we see the health & stupidity executive are involved,and then it became clear as crystal.The conclusion to this could be,a man of 76 locked in a cage for the rest of his life.Lets hope the jury see sense.
Ray Barrett, Daventry, England
On the face of it this seems morelike a terrible tragedy than something that warrants a manslaughter prosecution.
Matt, Berkshire,
From the report it is not clear if the artist was wholly responsible for erecting and securing the sculpture and although this is a terrible accident how can one man be charged with manslaughter?
Eileen Sherman, Els Poblets, Spain
On the face of it, this seems more likea terrible tragedy than something that warrants a manslaughter prosecution.
Matt, Berkshire,