Father and son cleared of manslaughter of Bristol farmhand
A father and son have been cleared of the manslaughter of a teenager who was crushed to death on their North Somerset farm.
But a jury found the owners of Bridgwater Farm in Dundry guilty of health and safety offences for leaving 17-year-old Lee Mason alone to operate a soil-sifting machine with its safety guard removed.
Bristol Crown Court heard Lee’s left arm became caught in the device and he was dragged into its framework and his neck was crushed.
Farm owner Roy Hill, aged 66, and his son Michael, 32, had both denied manslaughter by gross negligence.
The pair also denied breaching health and safety rules in that they failed to provide Lee, of Lisburn Road, Knowle West, with training and supervision to use the machine.
On Thursday a jury of six men and six women took three-and-a-half hours to return not guilty verdicts on the manslaughter charges but found the Hills guilty of the health and safety offences.
Roy Hill had also previously admitted a separate health and safety charge in employing Lee without carrying out a risk assessment.
As she left court Lee’s mother, 41-year-old Jenny Mason, told the Post: “I feel sick, upset, and let down.”
Earlier she had told the Post how Lee, the eldest of her four sons, had loved the job and worked hard to keep it after Michael Hill had raised concerns over his work.
She said: “He loved machinery and anything which had an engine.”
Both Roy and Michael Hill refused to comment as they left court.
The jury was told Lee was just three weeks short of his 18th birthday when the accident occurred.
Philip Mott QC, prosecuting, said he needed things to be explained to him over and over again and he lacked any common sense or instinct about danger, in particular working with machinery.
He told the court: “At the same time, he loved machinery and driving diggers and that was a toxic combination which meant it was probably the last place he should have been asked to work.”
Mr Mott said Hill and Son had no health and safety policy, training courses or risk assessment.
He said it was up to employees to use their common sense to stay safe but, due to Lee’s youth and inexperience, he was not able to look after himself.
The working of the machine which Lee was left to operate was explained to the jury, who went on a site visit to view the machine.
It was used to break up rough clods of earth into topsoil, operated with a conveyer belt on rollers.
The jury, which was taken on a site visit to view the machine last Friday, was told a safety guard was not in place or correctly mounted at the time of Lee’s death.
It was said that Lee, who weighed only seven-and-a-half stone, would not have been capable of removing or lifting off the guard, which weighed five-and-a-half stone.
The prosecution’s case was someone had taken off that guard and for some reason unknown Lee must have put his arm in the machine, become trapped and was pulled towards it.
Though Roy Hill did not give evidence, he told police in interviews after his arrest that Lee was “a good little worker” who was improving.
Michael Hill, said to be heartbroken by the tragedy, said he had made it clear to Lee that the machine should not be operated without the safety guard in place.
The Hills now face an unlimited fine for the health and safety breaches.
Trial judge Mr Justice Jack asked for information regarding their personal and business finances ahead of their return to court on Friday to be sentenced.
19 Comments
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by nicola, bristol
Friday, January 23 2009, 3:07PM
“I know the hill family and i know that they are very caring, helpful and wonderful people. I also know that they thought alot of lee. What happened is very very tragic, but know one can be blamed. I think what everybody is failing to understand is that the jury came to a decision "not guilty" for a reason there was obviously no evidence to pin point anybody. The jury are normal everyday people and the majority of them probably have children, they only made the decision of what was put to them and the facts. They dont know either side so there was no side to be taken. they just made the right decision on the day. I think by what ive been told of lee and what lees family and friends have said about him he would want people to try and move on. its a tragic tragic accident but nobody is at fault or to blame.”
by jodie, knowle
Friday, January 23 2009, 2:02PM
“at the end of the day justice havent been done its sick, i just dont know what this world is comming to ,, and people wouldnt understand our loss what we have gone thought until they have gone thought it them selfs.. he was a loving kid and cared about everyone.. u family loves u very much and miss u loads rip lee xxx”
by Hannah, Bristol
Friday, January 23 2009, 1:52PM
“I think posho from Clifton should get a life. This is a human life we are talking about, sorry have you forgotten?”
by Mr Chomondly -Warner, Clifton
Friday, January 23 2009, 12:45PM
“Hannh, if you are going to castigate people that aren't able to spell, i think you should learn to punctuate correctly.
Barnaby Farquhar, Clifton
And if you are going to castigate someone for their punctuation, at least spell their name correctly, and use a capital "I", as in "I think".
"In, foot, your, put, there, it".
Rearrange the above saying.”
by hannah, bristol
Friday, January 23 2009, 10:49AM
“Aha I notice that the heartless anon who said that the family were only after compensation has had there post removed. GOOD”
by Richard Martin, Bristol
Friday, January 23 2009, 8:50AM
“Rest in peace Lee...thinking of all your family.
Hopefully this accident will help raise awareness of protecting people (particularly young people) at work..”
by A, Bristol
Friday, January 23 2009, 8:35AM
“I know the Hills and have worked for them in the past and i know that they care for their employees more so than most companies as they are a family firm who have kids and grandkids themselfs. Unfortunatly in todays world the farming industry has not been brought up to speed with Health & Safety ( my line of work ). In most factories and even the building industryyou have to have a risk assessment completed and staff training etc before you operate but the farming industry are oblivious to it. I blame the H&S for not making more of an effort going out to these farms to help them understand the risks and get procedures put in place that would minimize horrific accidents that ruin peoples lives.
RIP Lee
But blame should lie at the authorities”
by Hannah, Bristol
Friday, January 23 2009, 7:52AM
“I stand by what I said though, a totally bitchy and inappropriate comment!! I bet if the family came from Clifton and not Knowle West you wouldn't think such things.”
by donna, bristol
Friday, January 23 2009, 2:43AM
“i have found this story so sad ... god gless the family my heart go out to you ... i think you will find that with the health and safty gilty ..the family could take a civle matter with the civle court .. where by they sue ! this will not put them behide bars or bring back there love one but be awarded high payment to help them ...with life.. and yes that common about spelling you need to watch your self ....”
by Jeff, Clevedon
Thursday, January 22 2009, 10:43PM
“RIP Lee may we all learn from your tragic experience.
The cold fact is that a preventable death occured here for the want of a bit of common sense being applied to the situation in which this inexperienced lad was placed. And so he becomes yet another addition to the deaths at work in agriculture, just another statistic in an industry with a shocking record.
But we all have a duty to take seriously the hazards around us and apply common sense to those that can and do pose a real risk to our own and others' safety.
Perhaps newspapers like the EP could start by not sneering at organisers' attempts to apply common sense precations at events like Carnivals, Bonfire Nights, etc. in order to save the public from their own stupidity?”