July 3, 2024Mary Lawrence at Osborne Clarke looks ahead to a trial not commonplace in the US that could see the Hollywood star serve time in jail.
On 10 July, the prosecution of Alec Baldwin for a manslaughter offence on the scene of his film, Rust, commences in a New Mexico court.
Credit: Barry King/Alamy Stock Photo
Mr Baldwin was both the actor who shot the weapon that killed the cinematographer, Haylna Hutchins, and also the producer in charge of the film.
A separate trial (and conviction) of the armourer on set, Ms Gutierrez-Reed, for involuntary manslaughter took place in March this year where evidence from the prosecution alleged a chaotic handling of weapons and ammunition on set and a failure to carry out checks amongst others.
Ms Gutierrez-Reed maintained she was being used as a scapegoat. Her lawyers painted a picture of a chaotic overall production and poor safety on set generally.
In April 2022, the film’s producers (Rust Movie Productions) were fined by the New Mexico Environmental Department for showing “plain indifference to recognised hazards associated with use of firearms on set”. The maximum fine of $136,793 (£105,000)was applied.
According to research by the Associated Press, more than 150 people have been left with life-altering injuries from accidents occurring on US film sets since 1990.
The Health and Safety at Work Act 1974 requires all employers to take reasonably practicable steps to ensure the health and safety of all employees and anyone who may be affected by their work, regardless of the sector.
The HSE’s advice on the management of firearms and weapons in UK film and television production, states that those in control of production should ensure they are utilising trained individuals who are competent in all aspects of their provision.
Baldwin’s prosecution is unusual in the US, as such the author will be providing commentary for SHP on the trial as it unfolds from 10 July, bookmark this page for updates.
