Brian Godwin, a farmer whose cows trampled a walker to death has been given a 12-month suspended jail sentence and has been ordered to pay £30,000 in costs after pleading guilty to health and safety failings. The fatality followed four separate incidents in which the Health and Safety Executive (HSE) requested changes to be made on the farm.
Swindon Crown Court heard how Mike Porter, 66, from Edinburgh, died when cattle “repeatedly trampled on him” as he and his brother walked their leashed dogs on a public footpath through Elbow Field in Turleigh, Wiltshire, in May 2013.
Mike Porter curled up in a ball to protect himself, and his brother John Porter, who was injured in the incident, told an inquest that the herd knocked them down repeatedly and seemed to deliberately trample on them “as if it was something they really wanted to do”.
Mike Porter managed to scramble out of the field but collapsed and was airlifted to hospital. He later died from internal bleeding.
The court heard there had been at least four previous incidents, in which six people suffered injuries needing hospital treatment, and involved Mr Godwin’s beef cattle, going back to 2004.
Following these incidents, health officials had told Mr Godwin to put in segregating fencing or signs saying “cows with calves” to let people know the protective animals were dangerous. However the judge said he had “quite blatantly failed to ensure the safety of people who came on your land”.
In court yesterday (5 December) the judge told Mr Godwin: “I’m quite satisfied that the way you managed your livestock created an obvious risk to people on public footpaths and a risk of serious injury. That was a risk that you failed to take reasonable steps to rectify and led to the terrible death of one man and serious injuries to another.
“There was an incident in 2004, two incidents in 2008 after which the health and safety executive required you to make some changes. Two further incidents in 2011 after which the health and safety executive required you to make further changes.
“It must have been clear at that stage, the warning signs were obvious. By May 2013, you were aware of all the previous incidents. You had made some improvements to farming practice. But what you did obviously was not enough. I’m satisfied you could have done more and you say you now realise that you could.
“Simply the expedient of installing a fence that would not have provided 100% safety but certainly would have reduced the risk. Mike Porter, by everyone’s account, was a devoted family man. He knew the importance of his family and their loss is immeasurable.”
Brian Godwin, 83, admitted not keeping people not employed by him safe. He was given a 12-month jail sentence, suspended for two years, due to his age. He was also ordered to pay £30,000 costs.
Dawn Lawrence, HM Inspector of Health and Safety, said: “The agency hopes that Mr Godwin’s conviction and sentence will send a clear message to farmers they must take adequate steps to protect members of the public using footpaths on their land.”
The Safety Conversation with SHP (previously the Safety and Health Podcast) aims to bring you the latest news, insights and legislation updates in the form of interviews, discussions and panel debates from leading figures within the profession.
Find us on Apple Podcasts, Spotify and Google Podcasts, subscribe and join the conversation today!
While I accept the article is short and maybe cannot give all details relating to this case; I have to question the role of the HSE here. Didn’t they follow up on their required changes (were either improvement notices?). Especially when there were repeat incidents. If they had followed up and ensured compliance…..preventable? Possibly. Companies are prosecuted when they have prior knowledge of risks and don’t create actions for improvement, which they then follow through to closure and maintain verification protocols. All of us in the profession know you don’t simply identify the improvements, you manage them to closure and… Read more »
I agree, particularly given their involvement with the farmer over several years.
I have to agree with Bob on this. Why weren’t the previous requirements followed up? Why did it take the death of someone for serious action to be taken? The most incredulous part I find is that 6 other people in 4 seperate incidents were injured! And yet no significant actions were taken to prevent further injury to others. Quite incredible. I’m all for engaging and encouraging people to improve safety. (You get further with a pinch of sugar than a spoonful of salt). But that works in large organisations with a safety culture to promote and enhance. However the… Read more »