Maldon District Council has pleaded not guilty to failing in its duty of care over the death of a man in Marine Lake.

Council solicitor Simon Quilch and officer Joanne Ely appeared at Witham Magistrates on Monday to put forward the council's plea following prosecution from the Health and Safety Executive.

In November the HSE decided to prosecute the district council under the 1974 Health and Safety Act.

They allege that the council failed in its duty of care when 47-year-old father-of-two Kevin Gay from Shoebury died after hitting his head on a broken submerged depth marker.

At the hearing the prosecution for the HSE said the district council had responsibility for the tragic accident.

The prosecution said there were seven wooden posts which should have had depth markers attached.

Maldon District Council made no representations to magistrates, who committed the case for trial at crown court.A pre-trial hearing will now take place at Chelmsford Crown Court at 9.30am on March 15.

Published Thursday January 29, 2004

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