Victoria Martindale spared jail over Stanley Common gas death

Dr Victoria Martindale Martindale had previously admitted seven counts of breaching gas safety regulations

A landlord whose tenant died of carbon monoxide poisoning after she failed to carry out gas safety checks has been spared jail.

Stephen Newton, 51, died as a result of carbon monoxide poisoning at the house in Stanley Common, near Ilkeston, in 2009.

Victoria Martindale, 39, admitted seven counts of breaching gas safety regulations over a four-year period.

She was given a 16-month suspended sentence at Derby Crown Court.

'Avoidable tragedy'

She was also ordered to complete 200 hours of community service and fined £4,000.

A statement released by the family of Mr Newton after the hearing said the verdict "marks the end of a difficult process which has lasted almost four years".

"It has been a time of deep emotional loss and suffering - a sister has lost her brother, a father has lost his son, and more poignantly, two sons have lost their father.

"This sense of loss will not end today."

Boiler at the property The court was told Ms Martindale failed to arrange for an annual inspection of the gas boiler

The court had previously heard Mr Newton was found dead by friends on his 51st birthday. His partner was found unconscious in bed but was saved by paramedics.

Mr Newton was found slumped in a chair after reconnecting the gas boiler, which had been condemned 18 months earlier.

He failed to pass the engineer's report on to Ms Martindale.

However, Ms Martindale was told she was responsible for carrying out annual gas safety checks, which she failed to do.

The judge said "This was an avoidable tragedy and as an amateur landlord she had shut her eyes to her responsibility."

More on This Story

The BBC is not responsible for the content of external Internet sites

BBC Derby

Weather

Derby

Min. Night 11 °C

BBC Local Live

  1.  
    18:00:

    Thursday's Local Live updates have now finished. We will be back at 08:00 on Friday.

     
  2.  
    Derbyshire v Gloucestershire 17:54: Ed Dawes BBC Radio Derby Sport

    Serious faces in the commentary box as I cover Derbyshire's crucial One-Day Cup match with BBC Radio Gloucestershire's Bob Hunt.

    Ed Dawes and Bob Hunt

    Listen to live commentary via the BBC Sport website or keep an eye on the latest scorecard.

     
  3.  
    Holiday switch 'would hurt tourism' 17:47:

    Derbyshire theme park Gulliver's Kingdom has joined other British attractions in urging the government not to reduce school summer breaks from six weeks to four.

    Julie Dalton

    Julie Dalton, chief executive of the Matlock Bath park's parent company, has co-signed a letter to the Sunday Telegraph saying the move would damage the tourist industry.

     
  4.  
    Chance of showers 17:36: Anna Church BBC Weather

    A cloudy evening with occasional showers and overnight lows of 11C (52F).

     
  5.  
    Crime scene course launched 17:24:

    The University of Derby has started offering an online crime scene investigation course.

    University of Derby fictional crime scene

    The 20-week programme is aimed at people with an interest in forensics and includes a section where students interact with a 360 degree fictional crime scene produced at the university.

     
  6.  
    GCSE stat attack 17:14: Gavin Bevis BBC Local Live

    If you fancy delving deep into the facts and figures for this year's GCSE results this is the place to do so.

    Among the stats is a chart comparing how popular various optional subjects were with each sex (computing was more than 80% male).

     
  7.  
    Extra cash for new sports centre 17:03:

    A £2m grant has been awarded to help pay for Chesterfield's new Queen's Park Sports Centre.

    Artist impression of Queen's Park Sports Centre

    The Sport England cash allows the borough council to expand its original design for the centre, with work due to start next month ahead of a planned opening in early 2016.

     
  8.  
    News on the hour 16:58: Wesley Mallin Newsreader, BBC Derby

    The Sinfin waste treatment plant will go ahead. It's been announced today that the final financial details have been signed off.

    I'll have more on this and the rest of the day's news in my 17:00 bulletin.

     
  9.  
    Have your say 16:46: Gavin Bevis BBC Local Live

    We've introduced BBC Local Live to bring you news, sport, travel and weather updates in one place.

    We'd like to find out what you think of the service, which we run from the BBC's Derby office.

     
  10.  
    Derbyshire Day 2014 16:30: Rob Watts Reporter, BBC Radio Derby

    This morning I went to see Linda Childs who makes and sells intricate ceramic pieces from her home in Ripley.

    Linda Childs

    She'll be showing some off some her finest work at Derbyshire Day, at Calke Abbey on 21 September.

     
  11.  
    More city firms struggling 16:21: BBC Radio Derby

    A firm of administrators says the number of struggling businesses in Derby has risen by 32% over the past year.

    Begbies Traynor said its research showed 1.090 city firms faced "significant financial distress" in the second quarter of 2014, compared to 825 a year ago.

     
  12.  
    Pool to shut 16:07:

    Alfreton Leisure Centre's main pool is to close for two months so tiles can be repaired.

    The borough council said it would shut on 8 September and reopen in November.

     
  13.  
    News on the hour 15:55: Wesley Mallin Newsreader, BBC Derby

    The final paperwork has been signed to make the Sinfin waste-to-energy plant a reality. Get the latest in my 16:00 bulletin.

     
  14.  
    Torquay get Kee cash 15:45:

    Billy Kee's transfer from Burton Albion to Scunthorpe United has also proved lucrative for Torquay United.

    Billy Kee

    The 23-year-old striker spent 14 months at the club earlier this decade and it now stands to make thousands of pounds from a sell-on clause.

     
  15.  
    Thieves strip church lead 15:36: Matlock Mercury

    Police are investigating and appealing for information after lead was stolen from a church in Bolsover.

     
  16.  
    Chellaston robbery 15:25:

    A woman was pushed to the ground and had her handbag stolen while walking through Chellaston last night.

    It happened on a footpath between Linacres Drive and Back Lane shortly after 21:00. The victim told police the thief looked about 18.

     
  17.  
    GCSE results 15:12:

    St Benedict School in Derby said its percentage of A* and A grades had risen from 12% last year to 17%.

    Results day at St Benedict School

    A total of 56% of students achieved five A*-C grades, including Maths and English, and the overall pass rate was 99%.

    Deputy headteacher Kevin Gritton said: "We are delighted with the results despite all of the changes going on that have affected schools nationally."

     
  18.  
    News on the hour 14:55: Wesley Mallin Newsreader, BBC Derby

    At 15:00 we'll have more on the financial details for Sinfin's new waste treatment plant site being signed off - meaning construction work should start soon.

     
  19.  
    'Controversial' waste plant 14:45: Chris Doidge BBC Radio Derby political reporter

    The new plant due to be built in Sinfin is designed to handle Derby and Derbyshire's waste for the next 27 years - saving councils millions of pounds in landfill costs.

    The project has been controversial though, with campaigners claiming it would create pollution and damage health.

    But the company behind it says it will reduce CO2 emissions and the project's being funded by the government's Green Investment Bank.

     
  20.  
    Pub to become health club 14:31: Derby Telegraph

    A derelict former pub that has been unused for more than a decade could be transformed into a health club, creating 10 jobs.

     
  21.  
    Higher grade figure falls 14:19:

    The East Midlands is the only UK region where the number of grades at C or above has fallen over the past year.

    The number dropped by 0.2% to 65.7%. Nationally the figure went up by 0.7%.

     
  22.  
    Jet2 tickets 'brawl' 14:10:

    BBC News Online has the full story of yesterday's "mass brawl" at a plane ticket giveaway in Derby city centre.

    Jet2 promotional staff in costumes

    Jet2 said the same stunt went smoothly in Nottingham and Leicester.

     
  23.  
    News on the hour 13:58: Wesley Mallin Newsreader, BBC Derby

    The final paperwork has been signed to make the Sinfin waste-to-energy plant a reality. Hear all about it in my 14:00 bulletin.

     
  24.  
    Derbyshire v Glouchestershire 13:55: Ed Dawes BBC Radio Derby Sport

    Intriguing pitch at the County Ground for Derbyshire's crucial One-Day Cup game against Gloucestershire - a touch of grass and the odd soft bit.

    Cricket pitch

    You can listen to live commentary via the BBC Sport website or keep an eye on the latest scorecard.

     
  25.  
    'Low' HIV risk 13:45:

    Derby University has apologised to the hundreds of students who had to undergo HIV tests after a university worker reused syringe barrels between 2005 and 2013.

    Doctors said the risk was "extremely low" but they were taking precautions.

     
  26.  
    Getting cloudier 13:31: Sara Blizzard BBC Weather

    The skies will cloud over gradually this afternoon due to a weather front which is working its way south.

    It could also produce some showery outbreaks of rain this evening and overnight.

     
  27.  
    East Midlands Today 13:20: Geeta Pendse Presenter

    As thousands pick up their GCSE results, the East Midlands is the only region where pass rates have fallen.

    GCSE results

    We'll also hear about three iconic planes getting ready to take to the skies. Watch BBC One at 13:30.

     
  28.  
    Talking badgers 13:04: Andy Potter Presenter, BBC Radio Derby

    From 13:00 I'm talking about the latest phase of badger vaccinations which have been taking place in Derbyshire. Listen live.

     
  29.  
    News on the hour 12:57: Wesley Mallin Newsreader, BBC Derby

    Hello everyone, I'll be reading your bulletins this afternoon.

    At 13:00 we'll have more on the financial details for Sinfin's new waste treatment plant site being signed off - meaning construction work should start soon.

     
  30.  
    Jet2 tickets 'brawl' 12:50: BBC Radio Derby

    Zara Leadbeater, who won flights to Malta in Jet2's ticket giveaway yesterday, said while she saw a staff member "aggressively grabbed" by a group of lads, she didn't consider the stunt dangerous.

    Zara and her children

    She said: "I set my 10 and 11 year olds amongst the chaos, so if I thought it was dangerous I never would have done that."

     
  31.  
    Council researcher controversy 12:39: Derby Telegraph

    A new researcher for Derby City Council's cabinet - paid up to £27,000 a year - is needed because the staff currently doing the work are "at breaking point", the authority's leader has claimed.

     
  32.  
    Results day memories 12:27: Sarah Teale Reporter, BBC East Midlands Today

    I'm out filming for GCSE results day. I still remember mine like it was yesterday...

    GCSE results celebrations
     
  33.  
    Waste plant work to start 12:15:

    Work will begin soon on Sinfin's new £146m waste treatment plant.

    The plant had been opposed by a group of residents who were worried it could harm the health of people living nearby but they ended their campaign after a number of unsuccessful legal challenges.

     
  34.  
    Cricket: Crunch time 12:07:

    Derbyshire have to beat Gloucestershire this afternoon to stand any chance of reaching the One-Day Cup quarter-final.

    Wayne Madsen

    Wayne Madsen and his team-mates also need Lancashire to deny Leicestershire victory at Old Trafford if they are to progress. Listen online from 14:00.

     
  35.  
    Latest headlines 11:57: Sally Swinfen Newsreader, BBC Radio Derby

    The council says work on a new waste treatment plant in Sinfin will start soon. I'll bring you the full story in my 12:00 bulletin.

     
  36.  
    Your photos: Cattle in the Peak 11:48: Gavin Bevis BBC Local Live

    Thanks to Keith Bown for this marvellous photo of cattle grazing at White Edge in the Peak District earlier this week.

    White Edge cattle

    If you've taken any impressive photos of Derbyshire and East Staffordshire, email them to derby.locallive@bbc.co.uk or tweet us at @bbcderby

     
  37.  
    Top marks for school 11:33:

    Ockbrook School brags it has achieved a 97% overall pass rate in this year's GCSE results.

    Tom Brooksby, headteacher of the private school, also said the number of students achieving A*/A grades was up 7% on last year.

     
  38.  
    Work to start on waste centre 11:24: Chris Doidge BBC Radio Derby political reporter

    The Sinfin waste treatment plant has reached "financial close" - in other words: it's happening.

    The county council says work will begin soon on the £146m facility, which will save the authority an estimated £2m a year and create 34 permanent jobs.

     
  39.  
    Feedback 11:15: Gavin Bevis BBC Local Live

    What do you think of BBC Local Live? We write it from here in Derby. We'd like to get your views.

     
  40.  
    No jail term for child porn man 11:03: Derbyshire Times

    A Chesterfield man was caught with more than 1,500 indecent images or films of children after police found them on his computer following a drugs raid at his home.

     
  41.  
    News on the hour 10:54: Sally Swinfen Newsreader, BBC Radio Derby

    In my 11:00 bulletin I'm leading with thousands of students across Derbyshire and East Staffordshire receiving their GCSE results.

    Sally Swinfen
     
  42.  
    Changeover time 10:40: Gavin Bevis BBC Local Live

    Hi everyone, I'll be bringing you the rest of today's updates.

    As before, you can get involved by emailing or tweeting your comments, questions, photos or short poems.

     
  43.  
    Staff were 'a bit shaken' 10:31:

    Jet2 sent us a statement following yesterday's "chaotic" ticket giveaway in Derby city centre.

    It said: "We had three events across the East Midlands and while Leicester and Nottingham went smoothly, the giveaway in Derby generated a little more excitement than anticipated.

    "Whilst one or two of our team were a bit shaken, we took care to make sure everyone was OK."

     
  44.  
    'Worry and panic' 10:19:

    A student from Derby who feared she had HIV after a university worker reused syringe barrels says she feels "let down" by the university.

    Laura says: "I think after the initial shock it was worry and panic. I felt a little bit angry.

    "I feel let down by the health professionals and university - these are people you expect they know what they are doing."

     
  45.  
    'Going to take time' 10:09: Owen Bradley BBC Radio Derby Sport

    Derby County midfielder Craig Bryson (pictured left) admits it's taking time for the side to settle this season.

    Craig Bryson

    Derby have won two, lost one and drawn one of their opening four fixtures, and suffered their first defeat in a 3-2 reverse at Charlton on Tuesday.

    There aren't too many new faces in the Derby side, with right-back Cyrus Christie, midfielder Omar Mascarell and striker Leon Best the only summer signings to feature for the first team.

     
  46.  
    News on the hour 09:57: Sally Swinfen Journalist, BBC Radio Derby

    A company of administrators says its research suggests that more businesses in Derby are having financial problems.

    Hear more on that story and others in the news at 10:00 on BBC Radio Derby.

     
  47.  
    Village shop oversight 09:42:

    Derbyshire Dales District Council has apologised for a mistake which meant people in a Peak District village missed out on a location they really wanted for their village shop.

    Community members in Grindleford should have been given six months to buy a place on the main road before it went on the open market - but the council forgot to put the notice on its website.

     
  48.  
    School teacher banned 09:30: Derby Telegraph

    A teacher at a Derby school who hit pupils on the head with books, poked them, pulled their hair and swore at them has been banned from UK classrooms indefinitely.

     
  49.  
    Staff 'crying and shaking' 09:20: via Facebook

    Promotional staff from Jet2 were grabbed and knocked to the floor in Derby city centre yesterday after members of the public were invited to chase them down to grab free tickets.

    Lee Dilley posts on the BBC Radio Derby Facebook page: "I was there, one of the staff members was crying as two men were aggressively grabbing hear as they tried to snatch the ticket from her hand, she lifted her face mask off as she pleaded with them to stop then with a moments chance she ran off.

    She adds: "I later saw her crying and shaking".

     
  50.  
    Jet2: Were you in Derby? 09:10: Stephanie Barnard BBC Local Live

    Were you in Derby yesterday when an airline was giving away free tickets?

    Posts on the Jet2 Facebook page have described a scene of "people attacking each other" and it "turning into a fight" as the company gave away tickets to various destinations.

    If you were in Derby, let us know what you saw - email or tweet @BBCDerby.

     
  51.  
    News on the hour 08:59: Sally Swinfen Newsreader, BBC Radio Derby

    In our bulletins at 09:00 - A former student from Derby University's been explaining why she's seeking compensation after an HIV scare.

     
  52.  
    As it happened
    • News, sport, travel, weather for Thurs 21 Aug
    • More updates from 08:00 on Friday
    • Listen to BBC Radio Derby
     
  53.  
    A453 changes 08:49:

    Drivers who use the A453 near East Midlands Parkway Station are being warned to expect significant changes in the road layout from today.

    A453 in the East Midlands

    The Highways Agency, which is leading the project, advises motorists to allow extra time for their journey.

    Read more about the work being done and receive updates online.

     
  54.  
    GCSE results 08:37:

    Thousands of youngsters across the East Midlands will be eagerly waiting for their GCSE results which will be out later this morning.

     
  55.  
    'Why I'm seeking compensation' 08:27: BBC Radio Derby

    A former student from Derby University's been explaining why she's seeking compensation after an HIV scare.

    Nearly 70 past and present students are making claims after a health care worker on campus reused syringe barrels for vaccinations and blood tests.

    Hear more on this story on BBC Radio Derby this morning.

     
  56.  
    Airline giveaway 'chaos' 08:19:

    The airline Jet2 insist it "took great care to make sure everyone was ok" after a publicity stunt to win free flights in Derby city centre turned into a scrum.

    The giveaway ended in chaos when people were invited to chase down promotional staff to claim their prize.

    There were reports of a woman being rugby tackled to the ground and a man ending up with his hand covered in blood.

     
  57.  
    Bright spells 08:10: Sara Blizzard Weather Presenter, BBC East Midlands Today

    It will be cool and rather cloudy for much of the day, but with some bright spells at times.

    Scattered showers are expected to spread from the west during the afternoon. Maximum temperature of 18C (64F).

     
  58.  
    M1 delays 08:04:

    There's very slow traffic on the M1 southbound between J29, A617 (Chesterfield) and J28, A38 (Alfreton) because of an earlier broken down vehicle.

    Read about the latest travel disruption in Derbyshire on BBC Travel News.

     
  59.  
    Good morning 08:00: Stephanie Barnard BBC Local Live

    I'll be bringing you the very latest news, sport, travel and weather updates for Derbyshire today.

    If you'd like to let us know about something happening in your local area that we should be covering - email or tweet @BBCDerby.

     

Features

BBC © 2014 The BBC is not responsible for the content of external sites. Read more.

This page is best viewed in an up-to-date web browser with style sheets (CSS) enabled. While you will be able to view the content of this page in your current browser, you will not be able to get the full visual experience. Please consider upgrading your browser software or enabling style sheets (CSS) if you are able to do so.