Boy died 'from dad's gross negligence', jury told

A father unlawfully killed his three-year-old son when he reversed a defective farm vehicle over him, a jury has heard.

Neil Speakman, 39, was operating a telehandler machine at his farm Bentley Hall Road, Walshaw, Bury, Greater Manchester, when the incident took place at about midday on 16 July 2022.

Albie Speakman, who was left to play in a garden area near the yard where he was struck by the vehicle, suffered fatal head injuries.

Mr Speakman denies gross negligence manslaughter.

Mr Speakman, who had a log and woodchip business, had borrowed the vehicle from a neighbour to put woodchips into bags, Manchester Minshull Street Crown Court was told.

Opening the prosecution case, John Elvidge KC told jurors: "Neil Speakman told the police he had seen Albie playing throwing sticks for his pet dogs to chase.

"Albie was unsupervised and the garden and yard area was open, unfenced and unguarded.

"The area was insecure so this little boy was free to wander about into the yard where his father was working."

The defendant had previously used the telehandler but Mr Elvidge said he had "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".

Mr Elvidge told the jury the telehandler was "defective" with one missing wing mirror and the other "so dirty as to be useless", blind spots to the rear and no audible warning when it was reversing.

A health and safety inspector later examined it and found its mechanical defects would have hindered safe operation, the court heard, concluding it was "foreseeable persons in the vicinity... could be injured or killed when the vehicle was working".

The inspection report added the operator would have had a restricted view in certain positions near the rear of the vehicle, "more so a person of less than average height".

Mr Elvidge told the court of Mr Speakman's "extraordinary attitude" to keeping Albie safe was revealed when he told police: "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..."

Mr Elvidge added: "This is not a case where it is suggested Neil Speakman intended or meant to harm Albie... It is whether his negligence was gross.

"The defence deny [Mr] Speakman's negligence meets this very high threshold."

Mr 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.

Mr Elvidge also told jurors about an incident in 2020 in which Mr Speakman was said to have disregarded a warning from the Health and Safety Executive (HSE) about the use of another piece of farm machinery with a lifting bucket attached.

It followed a video posted on social media which showed Mr Speakman's partner, who was then a teenager, inside the bucket in the air as the defendant moves the vehicle and is heard to say: "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.

Mr Elvidge said Mr Speakman had had "no regard" to HSE guidance referred to in the letter, or any other HSE guidance.

The trial continues.

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