Sobering thought for the day

A fairly obvious outcome I would say. Does the farm manager get out of this one unscathed? I don't think he would have over here, from the little bit I read his idea of maintenance seemed to be to put it all on mechanically unqualified drivers.
A bit surprising as it seems they have a haulage company as well.
Also I think I read the trailer was found to be around 22 tons in weight, is that not overloaded?
I wonder if the fact that they had a haulage company will be seen as they should know all about maintaining and checking trailers etc and will count more against them, then someone who claim to know less.
 

Bloders

Member
Location
Ruabon
I wonder if the fact that they had a haulage company will be seen as they should know all about maintaining and checking trailers etc and will count more against them, then someone who claim to know less.
If they runn a haulage company they certainly cannot claim to be ignorant to any of the issues, so i would expect it to have a bearing.
I am NOT saying ignorance is an excuse, just that it can be a factor
 
One thought that crossed my mine is who gets the cash from said fine. The state, the family, Health & Safety ?

Health and safety will already have invoiced for their pre trial investigstion under the fee for intervention legislation, the prosecution costs will be applied to the court for payment and awarded against the defendent, im not sure where the fine ends up.
The family will take advice and then decide whether they have a claim, which will be considered and determined at another hearing.
 

snarling bee

Member
Arable Farmer
Location
Bedfordshire
Trailer must have been huge to carry 25t.

Sad that employers have shown no remorse.
The judge meant that the gross was 25t. It was an 18t trailer.
It is very sad that there has been no remorse, no apology, just defiance and arrogance. Neither partner attended the coroner's court 2 years ago, neither were there today. Even the manager left half way through the hearing today. Its not the way that most of us would have conducted ourselves in that situation I am sure. Perhaps they didn't want to hear what the judge was going to say.
An apology and a bit of humility would have gone a long way.
 

kiwi pom

Member
Location
canterbury NZ
I have followed this case a little, it seems the attitude from employer and manager has been, it was a young lad going to fast what can you do. The fact they couldn't be bothered to attend sentencing is disgusting.
I'm amazed the manager still has his job, he's clearly incompetent and i'm surprised he wasn't/cant be charged with anything- I'm pretty sure he could/would be here.
It seems the trailer was significantly overloaded and yet it doesn't appear to have got much attention. Surely its a factor?
The fact that they also run a haulage company makes it many times worse in my opinion. Makes you wonder what state the trucks are in, although I suspect they may have found themselves 'pulled over' a bit recently.
Very sad, lots of lessons to be learned all round I think.
 

Ffermer Bach

Member
Livestock Farmer
Health and safety will already have invoiced for their pre trial investigstion under the fee for intervention legislation, the prosecution costs will be applied to the court for payment and awarded against the defendent, im not sure where the fine ends up.
The family will take advice and then decide whether they have a claim, which will be considered and determined at another hearing.
I believe breach of a statutory duty, means that there could be a claim, and the only thing to be decided is the amount, culpability for the claim is already decided by the finding of guilt or breach of a statutory duty. This is why the civil matters always follow the criminal.
 

snarling bee

Member
Arable Farmer
Location
Bedfordshire
The gross weight of the trailer is something that has not been picked up by the police or HSE. I think partly because it is difficult to prove when the contents of the trailer were strewn across the road in the accident, partly because they don't understand it, and partly because the main focus was on the lack of trailer brakes.
 

Spear

Member
Livestock Farmer
Location
North Devon
Reading this thread, tragedy aside the one thing that seems to have been missed and I find shocking is that they only had to prove the brakes were a risk as it was a risk based offence.... if this is the case why are councils not hauled up in many cases for potholes posing a risk in some crashes.
 

Bongodog

Member
Reading this thread, tragedy aside the one thing that seems to have been missed and I find shocking is that they only had to prove the brakes were a risk as it was a risk based offence.... if this is the case why are councils not hauled up in many cases for potholes posing a risk in some crashes.

I recall there was rather more to the case than this, the evidence portrayed an overloaded trailer with inoperable brakes going out of control, and a farm with no effective system for maintaining and testing trailer brakes.
 

Spear

Member
Livestock Farmer
Location
North Devon
I recall there was rather more to the case than this, the evidence portrayed an overloaded trailer with inoperable brakes going out of control, and a farm with no effective system for maintaining and testing trailer brakes.

Not denying that, check the quote from the original news article. My point was if all that is needed is to prove a risk then it’s a very grey area for other cases
 

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