Widow may sue over sawmill death

Mr Witherston was knocked down from behind at the sawmill

The widow of a worker killed by a lorry at a Powys sawmill is considering legal action after the company was fined £100,000 for breaching safety rules.

Andrew Witherston, 32, a lorry loader, was walking along a road at BSW's plant at Newbridge-on-Wye in February 2002 when he was hit from behind by a truck.

BSW was fined £100,000 at Merthyr Tydfil Crown Court after pleading guilty at Llandrindod Wells Magistrates Court in November to breaching safety rules.

And now Sandra Witherston, who was in court on Monday to hear the firm sentenced over her husband's death, says she will consult her lawyers about possible further action.

It really doesn't matter how much the fine was because it can never undo what's happened Sandra Witherston

"It really doesn't matter how much the fine was because it can never undo what's happened," said Mrs Witherston, who lives in Builth Wells.

Her husband's death left her with their two children - now aged 14 and 10 - to bring up on her own.

"It's been a very difficult time for my family and until now I have concentrated on the Health and Safety Executive's prosecution," she added.

"I suppose I will now have to talk to lawyers to consider whether I want to take legal action myself."

Speaking after the case, the Health and Safety Executive (HSE) said it hoped the £100,000 fine, and the full £9,000 prosecution costs, would act as warning to other companies.

The prosecution over Mr Witherston's death followed two other serious accidents at the plant, one of Britain's biggest sawmills, in less than 12 months.

The death was the third serious accident in a year at the plant

In one of them worker suffered multiple fractures to his arm in an accident involving the drive mechanism of the mill.

After the hearing, HSE Inspector Tania Stewart said: "This sentence should prompt other employers who have vehicles running through their premises to re-examine their workplace, in order to ensure that pedestrians and vehicles are adequately segregated."

Alex Brownlie, BSW's head of operations in Wales said the company "greatly regrets the accident resulting in the death of Andrew Witherston who was a respected and well-liked member of the company".

"The management take their responsibility for the health and safety of their employees and visitors to their sites very seriously and vigorously aim for continuous improvement in this area."