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In August 1996 three tonnes of the refrigerant Freon 11 (trichlorofluoromethane) leaked into the sewerage system between Swansea and Cardiff. The chemical was being transferred from an ICI tanker into drums by workers from Gower Chemicals. At the end of the job, they reported that they had only filled 56 barrels, instead of the 66 they expected to be in the tanker. Their supervisor contacted ICI, but nothing else was done and the missing Freon, which had leaked from the tanker, remained in the drains.

Two months later, on 10 October 1996, workers from Neath and Port Talbot Borough Council were sent out to clean a sewerage chamber near the Gower Chemical plant. When their vacuum equipment became blocked, 27-year old Ryan Preece climbed down into the chamber to see what had happened. He never found out.

Preece had disturbed the pool of Freon 11 and was overcome by a cloud of toxic gas which filled the chamber. His work mate, Robert Simpson, 33, followed him into the sewer to try and help. When a third colleague, who had gone to call for help, returned, both Robert and Ryan were dead, floating face down in the sewer.

In December 1997, the Council was prosecuted by the Health and Safety Executive and fined £150,000 plus £43,000 costs at Cardiff Crown Court. The Council had given neither Robert nor Ryan confined-spaces training, they had no gas monitors, breathing equipment, first aid back up, or means of escape from the sewer. The HSE's regional director, Terry Rose said, "These two tragic deaths could and should have been avoided. The risks from entry to confined spaces, particularly those associated with sewage, are well known. Any such chamber may contain toxic or explosive gases, or lack enough oxygen to breathe. No one should ever enter confined spaces unless it is absolutely unavoidable. When entry is necessary, it is essential that the appropriate precautions are taken. The risks must be carefully assessed and proper safe systems of work put in place. People carrying out this type of work must be fully trained, properly supervised, and provided with the right safety equipment."

"There is no excuse for employers not to ensure that suitable controls for confined space entry are put in place ... Robert Simpson and Ryan Preece's deaths could have so easily been prevented if the right precautions had been taken. Hopefully all Local Authorities and the many other employers who undertake this type of work will check again that their employees are fully protected, and make sure that there are no further deaths."

At the inquest into the deaths in April 1998, verdicts of unlawful killing were returned, but the families and 34,000 people who signed a petition want to see criminal proceedings brought by the Crown Prosecution Service (CPS). Ryan's sister Karen Stacey said, "I won't stop until I get justice in the criminal court."

While the CPS reconsidered prosecution, Gower Chemicals were taken to court by Welsh Water. They pleaded guilty to two technical charges of breaching their discharge licence, and were fined £100,000 plus £33,000 costs.

Early in 1999, the CPS finally announced that it was not going to prosecute (The Western Mail, 15 April 1998; South Wales Evening Post, 15 April 1998).

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