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Friday, October 30, 1998 Published at 22:37 GMT


UK

Silo death firm fined

The dead boy's father is "disappointed" at the sentence

A farming company has been fined £10,000 after a teenager on work experience fell into one of its grain silos and died.

Weymouth-based David Foot Ltd was also ordered to pay £15,000 costs in the case brought by the Health and Safety Executive.

Bournemouth Crown Court heard how James McKay, 14, was sucked into the 18ft metal storage bin at East Farm at Bincombe, Weymouth, as wheat was being emptied from it on 6 June last year.

Charles Foot, managing director of David Foot Ltd, stopped the belt after hearing James cry for help.

Despite attempts by Mr Foot, two lorry drivers and fire crews to revive him, he suffocated.


[ image: Health and Safety Executive:
Health and Safety Executive: "Serious breach" of the law
At an earlier hearing before Bournemouth magistrates, the company admitted failing to ensure James's safety, in contravention of Section 21 of the 1974 Health and Safety at Work Act.

Magistrates sent the case to crown court for sentence.

Prosecuting, Mr Oba Nsubi said James' death had resulted from "a serious breach" of health and safety law.

"Fundamentally there was a failure to supervise adequately or at all a 14-year-old boy on work experience in an area which was recognised as being dangerous."

Defending, James Curtis said the boy's death was "a tragedy for both families and for the farming community".

'Momentary lapse'

He described Charles Foot as "a very experienced, concerned and careful farmer for over 30 years" who had been deeply affected by James's death.

"He would never have let James work in a grain bin which was being unloaded.

"This was a momentary lapse from the highest levels of supervision which had a major but unforeseen result."

The court heard that Mr Foot had reviewed all aspects of safety at East Farm.

Sentencing, Judge Mackean said: "There was a lack of suitable risk assessment and a failure to fully appreciate the risks.

"We want to impose a fine that sends a message to those who employ the young that there is a very strict need to keep an eye on particular aspects of safety.

"The fine is in no way intended to reflect the value being placed on the life of young James McKay."

Afterwards James's father, Mr Bryan McKay, of Holme Close, Weymouth, said he was shocked and disappointed by the sentence.

"I think that human life is worth far more than a £10,000 fine," he said.



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