ONE of the charges against a company which employed two men killed while working on the A1 in North Yorkshire two years ago has been dropped.

Durham-based Traffic Management North East appeared at Richmond Magistrates Court yesterday, where director Gary Smith denied failing to ensure Sunderland men John Corkin, 29, and Kevin Barker, 40, were given adequate health and safety training.

He also pleaded not guilty to failing to ensure his firm adhered to site rules set out by principal contractors, Cumbrian Industrials Ltd, of Penrith, and failing to ensure Mr Corkin and Mr Barker were adequately supervised.

After two witnesses failed to turn up in court, defence lawyer Simon Catterall asked magistrates to consider if there was a case to answer at all.

Although the Bench decided there was insufficient evidence to continue with the first charge, they agreed to proceed with the remaining charge today.

Mr Corkin and Mr Barker died when an Asda lorry ploughed into the back of their truck as they put out cones at roadworks on the A1 between Catterick and Leeming, in August, 2000.

Lorry driver Brian Smith, of Nuneaton, Warwickshire, received a two-year prison sentence in April after being convicted of causing death by dangerous driving.

Prosecuting for the Health and Safety Executive yesterday, barrister Sam Green emphasised he would not be trying to lay blame anywhere else.

However, three employees of Cumbrian Industrials he called as witnesses all testified that no one from Traffic Management North East had approached them to carry out health and safety induction briefings with the two men who died.

But, because neither former Traffic Management North East foreman, Paul Self, of Durham, nor the driver at the wheel of the roadworks truck struck by the lorry responded to letters asking them to appear in court, Mr Catterall contended there was insufficient evidence to continue.

The trial resumes this morning.