AUCTIONEER Andrew Grant has pleaded guilty to breaching health and safety regulations after a professional violinist shot off the end of a finger while examining a starting pistol.

On Monday, businessman Grant, of Lypiatt Road, Cheltenham, was committed to Worcester Crown Court for sentence after city magistrates decided that they had insufficient powers to deal with the case.

Magistrates heard that, while visiting Andrew Grant Fine Art's St Mark's Close auction room during a pre-auction inspection in December 2001, professional jazz violinist Jonathan Phipps accidentally shot off the end of the middle finger of his left hand. He had been examining a starting pistol.

The emission from the gas port caused the tip of the middle finger of his left hand to be amputated. Mr Phipps has since undergone extensive skin grafts and surgery. The pistol was due to be auctioned the following day.

Proprietor

As sole proprietor of Andrew Grant Fine Art, 58-year-old Grant pleaded guilty to breaching the Health and Safety at Work Etc Act 1974.

Prosecuting, Barry Berlin told the court that confusion about mandatory health and safety requirements at the auction rooms was "endemic" and that Mr Grant had failed to discharge his "clear" health and safety duties.

The court heard that although Mr Phipps had no experience of weapons, his attention was drawn to a display of guns and knives in an unlocked and unsupervised cabinet.

Magistrates heard that he opened the cabinet, reached inside and picked up a Reck 8mm starting pistol which discharged. Acting for Worcester City Council's environmental health division, Mr Berlin said that Andrew Grant had "a clear responsibility" for the health and safety of his employees and for members of the public while attending previews and sales, and that he had failed to ensure as far as is reasonably practicable the safety of his employees and members of the public as well as failing to ensure appropriate induction and on-going training.

"Health and safety was delegated to no one competent to deal with it and mandatory induction training in respect of health and safety was ignored," Mr Berlin said.

He added that the business had now put in place several measures to rectify its health and safety procedures.

Grant was committed on unconditional bail to appear at Worcester Crown Court on Friday, May 30.

Grant's solicitors, in a statement issued after the hearing, referred to comments made to the court by Graham Cliff, defence barrister.

Mr Cliff told the court that Grant had good reason to believe that Adrian Mackwell - the manager and auctioneer in charge at the time - was competent to deal with health and safety issues relating to replica firearms and similar items. Mr Mackwell was responsible for health and safety issues at Andrew Grant Fine Art at St Mark's Close and this was clearly stated in his contract. He was the holder of a shotgun licence and had a detailed knowledge of firearms.

"The evidence indicates that Mr Mackwell took it upon himself to load and fire this starting pistol, prior to the viewing date, for his own curiosity," Mr Cliff told the court.

"As a result, the starting pistol was left loaded when removed from the cabinet by Mr Phipps. However, Mr Grant, as proprietor of the business and Mr Mackwell's employer, had no alternative but to accept responsibility.

"This was an entirely unique event and no such accidents have ever occurred in the 30 years of Mr Grant's trade as an auctioneer.

"Immediately after the incident, action was taken by the Andrew Grant organisation to ensure such an accident could never happen again. Worcester City Council has confirmed that it is now happy with the health and safety procedures in force within the Andrew Grant organisation.

"Mr Grant is extremely sorry that Mr Phipps sustained this injury as a result of this isolated lapse in procedure."