Martin Ellis with his three sons in St Lucia

A HIGH court judge in the tropical paradise of St Lucia is set to investigate the death of a man who was electrocuted in front of his children.

Martin Ellis, 68, who lived in Dartmouth Park, died during a sightseeing visit to a dam on the Caribbean island in 2019. Now, three years later, a claim for compensation has been lodged at the island’s highest court.

Three companies accused of being responsible by the family’s legal team have all denied culpability and have instead blamed each other or claimed Mr Ellis was responsible, suggesting he was trespassing.

Mr Ellis’s widow, Amy Silverston, told the New Journal that the fact the case had to go to court only added to the grief and stress caused by his tragic death. The companies – Wasco, St Lucia’s water board, Vinci, a construction firm, and Weggo, a contractor, have all been named in documents lodged at the court.

Mr Ellis and his three sons had been enjoying a fortnight’s holiday on the island in August 2019, when they took a day trip to a nature reserve. After visiting the Sir John Compton dam found in hilly countryside in the centre of the island and named after St Lucia’s first prime minister, a downpour forced them to take shelter under the overhang of a rundown pumping station.

Ms Silverston told the New Journal the allegations of trespassing were incorrect.

She said: “When the boys and Martin got to the dam, they were given directions by workmen there. There was a low chain across a path and nothing else. Workmen even told Martin where he could park his car. A single warning sign was covered in foliage and dirt.”

As the family stood out of the rain, Mr Ellis went to the back of the outside of the hut to urinate – and was instantly killed by a high-voltage electric shock when he touched a wire heading into the pumping station. Investigations later revealed a live cable, meant to be buried underground, had been cut through and left trailing at shoulder height, according to police reports – and it was not grounded and was touching a metal tube.

Amy Silverston

Mr Ellis’s sons, Lucien, Tristan and Piers, heard their father shout in pain and rushed to see what had happened. They found him face down in mud and were confronted the unimaginable horror of having to try and save their father’s life – although an inquest in London stated he would have died instantly due to the sheer power of the shock.

His oldest son, Tristan, was also injured as he tried to drag his father free of the cabling. Emergency help took over an hour to arrive.

Ms Silverston said: “Investigators have shown how the equipment at the pumping station had not been maintained for many years. The electricity had no earth rod. When you read through their defences, they all say it wasn’t their fault and are trying to blame each other. It is almost comic – or would be if it wasn’t so real.”

The traumatic experience has radically changed the family’s lives. Ms Silverston, who was diagnosed with Multiple Sclerosis in 2006, had stayed at home while the boys travelled.

She told the New Journal that as well as losing the family’s breadwinner and Ms Silverston’s primary carer, the sudden bereavement has made her condition much worse. She used to walk with aids and was able to work, but is now confined permanently to a wheelchair and employs full-time care.

She said: “Some of the things claimed have been rather nasty. The defendants have said they do not believe the boys suffered any trauma. They had a psychiatrist ask if they had been affected. The answer is clearly yes. They have suffered a significant amount of trauma and have PTSD.”

An electrician’s report found that the pumping station and electrical cabling was unsafe and needed to be urgently repaired but the three defendants have all lodged legal papers denying responsibility.

Instead they claim Mr Ellis was acting in an “illegal, unsanitary” manner “likely to be injurious to public health” by relieving himself near the dam, and that by trespassing they are therefore responsible for putting themselves in danger.

None of the three firms accused of being responsible responded to New Journal requests for an interview or comment In papers filed at the high court, Vinci state it was not at the dam at the time. It added they were not aware of any hazards and the dam was out of bounds to the public.

Calling the family “truly authors of their own misfortune”, Vinci’s paperwork added that Mr Ellis had “failed to heed an entry point chain, take heed of a sign, entered a restricted area without supervision, permission or invite, and failed to take adequate precautions for their own safety”.

Ms Silverston said: “His greatest long-term project was our boys. He was the antithesis of the pushy parent. He saw his role as enabling them to make up their own minds and go wherever that led. He was a true role model for all three boys.” The couple were married for over 30 years.

Mr Ellis, worked in computer software design. Ms Silverston told the New Journal how, since his death, she and her sons had to find new ways to get by.

She added: “They [the three companies] are all responsible for Martin’s death in different ways. “here had been no maintenance of the pumping equipment contained in the small, unmarked building. This lack of maintenance meant there was no earth rod in case of an electrical surge.

The site where Mr Ellis died

“No party seemed to be aware of the fact that the electrical supply to the pumping equipment that was meant to be buried two feet underground before reaching the dam was, in fact, swinging in the air as it made its way overland to the conduit pipe attached to the dam wall that carried it to the pumping equipment.

“It was an accident waiting to happen. Had all the parties conformed to basic building regulations Martin would still be alive.”

Now, lawyers working for the family are set to enter into pre-hearing negotiations with the firms to see if any common ground can be found. If no agreement is reached, the case will go before judges in the coming 12 months.

Solicitor Jennifer Kelly, from Field Fisher solicitors who are acting for the family, said: “Considering the devastating loss to the family and the significant psychological injuries suffered by Martin’s children, who tried to save their father’s life using CPR and then witnesses his horrific death, the response from those responsible in St Lucia is disgraceful.

“We will continue to ask questions about electrical safety standards on the island and pursue justice for Amy and her three sons.”