He exonerated the programme's visual effects designer, who "had taken a high standard of safety and doubled that to ensure it was doubly safe". However, he explained that the show's producer had only discussed the stunt with the safety officer by telephone, and reiterated that the safety officer was not present at the rehearsal. The escapologist retained as Lush's trainer, Paul Matthews, was only experienced with theatrical tricks and had not performed the stunt required for the show. The BBC was fined the maximum amount of £2,000, plus costs. The magistrates chose not to refer the case to the Crown Court, where there would have been an unlimited penalty.