A four-year-old boy died from a catastrophic brain injury after he was crushed under the wheels of a JCB his uncle was driving, a court heard.
Harry Lee was riding on the outside of Brian Nutter’s JCB loader at his family farm, near the village of Newchurch-in-Pendle, Lancs., when he tragically fell from the footplate.
The 51-year-old farmer, who pleaded guilty to breaking health and safety regulations, was given a 26-week suspended sentence at Wigan Magistrates Court on Monday.
Peter Hayes, prosecuting, told the court that Harry was passionate about farming and had been helping his uncle on July 8, 2019, when the incident occurred.
He said: “Harry lived on the farm with his mother Sarah and grandmother, Ruth, and saw his father, Martin every other weekend.
“Harry wanted to be involved with all aspects of farming life from the moment he could walk.
“He had a very close relationship with Nutter and on the morning of July 8 had been out early with his mum, before returning to the farm.
“As soon as he got back, he got changed and went to help his uncle Brian.
“On the JCB, there was a single seat and nowhere for any other passenger to sit inside or outside of the cabin.
“There was a small step and handrail on the left-hand side of the cabin.
“[But] there was nowhere for Harry to sit, so he stood on the step and held on as Brian drove the short distance from the farm to the field.”
The court heard how Nutter made a turn and Harry fell from the step and went under the rear wheel.
He carried Harry back to the farm and an ambulance was called but it was clear he had sustained fatal injuries.
A health and safety executive later found that the machine was not designed to carry passengers, so Harry was at an increased risk of falling from the machine.
They also noted the machine did not have a functioning seatbelt, there was no door on the cabin, and the step that Harry had been standing on had a dent in it.
This had decreased the area available for Harry to stand on it, they concluded.
Mr Hayes said: “The inspector said there was no way to tell how Harry fell from the machine, so it was impossible to say if the problems with the machine contributed to the incident.
“But they would have increased the risk of a passenger being involved in an accident.
“Harry should not have been riding on the loader at all.”
The court was told how the inspector had to serve a number of enforcement notices and give training to all of the farmworkers in how to use quad bikes.
Nutter was told to undertake formal training on how to use the JCB loader, as this had not been carried out, despite him being more than capable of operating the machine.
Mr Hayes added: “This has had a profound impact on Mr Nutter and the rest of the family and this is a tragic and sensitive case for everyone involved.
“It is unique in that the prosecution and defence are in agreement on how the sentencing guidelines should apply in this case.”
Defence solicitor, Lee Hughes, told the court that Nutter, who has no previous convictions, was co-operative with the investigation from the start.
Mr Hughes said: “He has been described as a father figure, not just to Harry but to others too.
“He helped set up the Pendleside Tractor Run and is involved in the young farmers events, and is clearly a man who gives time to his community.
“He treated Harry as his own son. He accepted he was guilty of the offence and he takes full responsibility.
“The remorse he expressed in his interview was tangible, he expressed tremendous sorrow, was devastated and hugely tormented with remorse.
“There can be no greater sentence imposed on Brian Nutter than the sentence he imposes on himself and that will continue to live with him till the end of his days.
“He lost a nephew but also a friend in Harry’s father.
Statements from Harry’s parents, Sarah and Martin, described their continuing suffering as a family.
Sarah’s statement read: “Harry idolised his uncle Brian and thought of him as a father figure. He saw Brian every day, they had a very special bond.
“We have supported each other through the grief we are all suffering in so many different ways I can’t describe.
“I hope the effects of Harry’s accident will change the attitudes of people living on farms to make them think about the dangers.”
Martin’s statement read: “Harry’s death left a hole in our lives that can’t be filled. We are learning to live with the grief. but our lives will never be the same again.”
District Judge Mark Hadfield sentenced Nutter to 26 weeks in prison suspended for 18 months and ordered him to carry out 250 hours of unpaid work and pay costs of £5,276.53.
He said: “There’s no getting away from the fact that this has resulted in the loss of the life of your nephew.
“No sentence whatever time or length can make up for the profound loss.
“The impact on you is nothing compared to the impact on Harry’s mother and father.”
