THE government's health and safety executive have accused former Metropolitan Police Commissioner Paul Condon of contributing to the death of a young policeman who fell through a skylight while chasing suspected burglars across a roof in Twickenham three years ago.

PC Kulwant Sidhu was fatally injured when he fell through a warehouse roof in Colne Road on October 24th, 1999. He was just 24 years old and had been working for the Twickenham Division for four years.

At his funeral on November 2nd, the then Metropolitan Police Commissioner Sir Paul Condon led a sombre procession made up of hundreds of PC Sidhu's colleagues and friends within the force.

In October 2000 prime minister Tony Blair unveiled a special plaque to mark the spot where he died and paid tribute to his bravery.

This week The Health and Safety Executive announced their intention to prosecute Lord Condon for breaches of section 2 of the Health and Safety at Work Act 1974.

He is also being prosecuted in connection with the injury of PC Mark Berwick who fell through a roof at Gresham Road, Willesden in May 2000.

A statement issued by the executive reads: "The law imposes duties for health and safety on the chief officers of police. The prosecution has been brought against those who held the post of Commissioner of Police for the Metropolis at the time when the alleged offences were committed.

"The previous Commissioner of Police for the Metropolis, Lord Condon, is charged with an offence committed between April 14th 1999 and January 31st 2000 of failing to discharge the duty under section 2(1) of the Act to ensure, so far as is reasonably practicable, the health, safety and welfare of constables, special constables and cadets of the Metropolitan Police Service whilst on duty, particularly PC105TW Kulwant Sidhu and PC959QC Berwick, in relation to the risks of falling from or through roofs whilst assisting in the apprehension of suspects."

A Scotland Yard spokesman said: "On April 5th summonses were received by the Metropolitan Police from the Health and Safety Executive in relation to two incidents of officers falling through roofs.

"One was PC Kulwant Sidhu, the other PC Mark Berwick. We will be taking legal action on our position. The death of PC Sidhu and injury of Mark Berwick are deeply regrettable. The Metropolitan Police is not in a position to discuss any details of the case because it is now sub-judicy."

The first court hearing is listed at 10.30am on May 8th, 2002, at City of London Magistrates Court.