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03Feb94 UK: POLLUTION CHARGE RETRIAL FOR MCALPINE.

The High Court has overturned a magistrates' ruling which cleared Alfred McAlpine Homes of polluting a Kent stream.The National Rivers Authority, which brought the prosecution, appealed against the decision, fearing it would allow other firms to avoid pollution charges.Now McAlpine must be tried again by Tonbridge and East Malling magistrates on a charge of polluting controlled waters last May.Cement from the builder's site in Goldwell Springs, East Malling, was washed into Ditton Stream, killing many fish.McAlpine accepted the pollution was caused by site works, but magistrates ruled that McAlpine could not be held liable for the actions of the two fairly junior employees on the site at the time.Justice Morland ordered that the case be heard again. He said: 'Companies are in a position, by direction, education and training, to ensure that their employees do their work in such a way to prevent pollution.'McAlpine is deciding whether to appeal against the judgment. CONSTRUCTION NEWS