A DAD ran over and killed his three-year-old son while on a defective farm vehicle, a court heard.
Little Albie suffered catastrophic head injuries in the horror at dad Neil Speakman’s farm in Bury, Greater Manchester.
PAAlbie was run over and killed on his dad’s farm[/caption]
MEN MediaNeil Speakman has denied gross negligence manslaughter[/caption]
The youngster had been playing unsupervised in a small garden when he wandered into the “unfenced” area where Speakman was working.
Manchester Minshull Street Crown Court was told the 39-year-old was on a borrowed telehandler machine that was missing a wing mirror.
The other mirror was so dirty it was deemed “useless” and there was no audible warning that the vehicle was reversing, jurors heard.
Prosecutor John Elvidge KC said: “The prosecution case is that Albie died as a result of his father’s negligence which created a serious and obvious risk of death, and the circumstances of the breach by Neil Speakman of the duty of care which he owed his son were so exceptionally bad and reprehensible that the breach amounts to gross negligence.”
The court heard the tragedy unfolded at around midday on July 16, 2022.
Speakman had borrowed the heavy lifting vehicle from a neighbour to put woodchips into bags for his business.
Jurors were told he had previously used the telehandler but “received no training in using this kind of machinery and he had no interest or care in the health and safety implications of using the telehandler, or the grave risk he created to Albie”.
A health and safety inspector found the machine had various mechanical defects that hindered safe operation.
The report concluded it was “foreseeable that persons in the vicinity of the vehicle could be injured or killed when the vehicle was working”.
Jurors heard Albie stayed at Speakman’s farm on alternate weekends after his mum and dad split up shortly after he was born.
He had been throwing sticks “unsupervised” to his dog in the garden when when entered the “open, unfenced and unguarded” yard.
While being interviewed by police, Speakman said: “He knew, he weren’t stupid…it’s a farm isn’t it? It’s not a playground and Albie knew it weren’t, he knew his boundaries.
“He knew where to go and where not to go and what to go near and what not to go near.”
But Mr Elvidge said Speakman had “no regard” for the capacity of a three-year-old to understand risk or protect himself from harm.
The prosecutor added: “This is not a case where it is suggested that Neil Speakman intended or meant to harm Albie.
“We anticipate the real issue in this case is whether his negligence was gross. The defence deny that Neil Speakman’s negligence meets this very high threshold.”
Jurors heard Speakman has pleaded guilty to a breach of the Health and Safety at Work Act in failing to ensure, so far as reasonably practical, the health and safety of Albie.
They were also told about an incident in 2020 Speakman allegedly disregarded a warning from the Health and Safety Executive (HSE) about the use of another piece of farm machinery.
A video was posted on social media that showed his partner, Millie Barrack – then a teenager – inside a bucket attached to the machine as Speakman says: “I’m going to drop you”.
A letter was sent by the HSE to Speakman warning him of the potentially fatal consequences, the court heard.
Speakman denies gross negligence manslaughter.
The trial continues.
PAAlbie had been playing unsupervised when the horror unfolded[/caption]
PAThe youngster had wandered into an unfenced area where his dad was working, jurors heard[/caption]
PAAlbie died from a catastrophic head injury[/caption] Published: [#item_custom_pubDate]
