A former businessman has been given a suspended jail sentence following the death of a builder who fell through the roof of a disused factory in Leicester.

Musa Suleman, who commissioned builder Robert Jozwiak to carry out repairs on a textile dye house in Evington Valley Road, Leicester, was prosecuted by the Heath and Safety Executive (HSE) for failing to ensure the work was properly planned, supervised or carried out in a safe manner.

Mr Jozwiak, 44, of Humberstone, Leicester, was working on the corrugated roof of the building when it collapsed in June, 2009.

At Leicester Crown Court yesterday, Suleman, of Freeman Road North, North Evington, was given a 12-month jail sentence, suspended for two years, after admitting breaching health and safety regulations.

He was also ordered to pay £13,800 to Mr Jozwiak's family, who are unlikely to receive an insurance payout, and £17,337 prosecution costs.

After the hearing, Mr Jozwiak's daughter, Natalia, 26, said: "I think the sentence is fair and I'm happy with the judge's decision."

She tearfully paid tribute to her father, saying: "He was a really good person and we were very close. I gave birth to a boy last month and it's such a shame he's not here to see his first grandson, as he would have been so proud.

"He was married to my mother, Elzbieta, for 25 years. She was depressed for six months after his death. We both miss him terribly.

"He always helped other Polish people when they came to this country.

"If they had no furniture he'd help them, and if they had nowhere to live, they could stay with us."

During the hearing, prosecutor Ian Bridge said Suleman (56) was assisting in restoring the rented building, where both he and his son had previously run businesses that had folded.

Self-employed Mr Jozwiak, who had 20 years' experience in the building trade, was taken on to repair the fragile old asbestos roof.

Although there was a sign in English stating: 'Fragile roof, use crawler boards,' no safety advice was given to him by the defendant.

Suleman claimed a risk assessment was drawn up, but no copy was given to Mr Jozwiak.

Mr Suleman was at the factory when the tragedy happened, although he did not see Mr Jozwiak fall.

Suleman's barrister, Adam Farrer, said the defendant had no experience in organising construction work and accepted he was negligent.

He added: "He asks me to convey his apology and sincere regret for this unnecessary death to the deceased's family."

Judge Simon Hammond said the death was a terrible tragedy that could have been prevented and that there were "clear lessons to be learned".

HSE inspector Karl Raw said: "The roof was made of corrugated asbestos cement sheets, and the work required careful planning and consideration of the risks involved. Safe routes and protective equipment should have been in position to allow Mr Jozwiak to get to work areas without injury, and measures to prevent or mitigate any falls should have been in place."