Tragic boy, 4, crushed to death by tractor in front of horrified uncle on family farm
A TRAGIC four-year-old boy was killed after suffering a catastrophic brain injury when he was crushed under the wheels of a tractor that his uncle was driving.
Little Harry Lee was riding on the outside of Brian Nutter’s JCB at the family farm in Newchurch-in-Pendle, Lancs, when he fell from the vehicle.
Nutter, 51, pleaded guilty to breaking health and safety regulations yesterday and was handed a 26-week suspended sentence.
Wigan Magistrates Court heard that Harry had been passionate about farming, and was helping his uncle when the tragic incident happened on 8 July, 2019.
Prosecuting Peter Hayes said: "Harry lived on the farm with his mother Sarah and grandmother, Ruth, and saw his father, Martin every other weekend.
"Harry wanted to be involved with all aspects of farming life from the moment he could walk.
"He had a very close relationship with Nutter and on the morning of July 8 had been out early with his mum, before returning to the farm.
"As soon as he got back, he got changed and went to help his uncle Brian.
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"On the JCB, there was a single seat and nowhere for any other passenger to sit inside or outside of the cabin.
"There was a small step and handrail on the left-hand side of the cabin.
"But there was nowhere for Harry to sit, so he stood on the step and held on as Brian drove the short distance from the farm to the field.
"The inspector said there was no way to tell how Harry fell from the machine, so it was impossible to say if the problems with the machine contributed to the incident.
"But they would have increased the risk of a passenger being involved in an accident.
"Harry should not have been riding on the loader at all."
The court heard that Nutter then turned the JCB, and Harry fell from the step and underneath the rear wheel.
He carried his nephew back to the farm and called an ambulance, but the young lad died from his fatal injuries.
A health and safety executive found that the machine was not designed to carry passengers, so Harry was at a higher risk of falling from it.
They also found that it did not have a functioning seatbelt, there was no door on the cabin and the step that Harry had been standing on had a dent in it.
After the inspection the farm was handed a number of enforcement notices and give training to all of the farmworkers in how to use quad bikes.
Nutter was told to undertake formal training on how to use the JCB loader, as this had not been carried out, despite him being more than capable of operating the machine.
'TREMENDOUS SORROW'
Mr Hayes added: "This has had a profound impact on Mr Nutter and the rest of the family and this is a tragic and sensitive case for everyone involved.
"It is unique in that the prosecution and defence are in agreement on how the sentencing guidelines should apply in this case."
Defending Nutter, Lee Hughes told the court that he was a “father figure” to young Harry and treated him as his “own son”.
He said: "The remorse he expressed in his interview was tangible, he expressed tremendous sorrow, was devastated and hugely tormented with remorse.
"There can be no greater sentence imposed on Brian Nutter than the sentence he imposes on himself and that will continue to live with him till the end of his days.
"He lost a nephew but also a friend in Harry's father."
In a statement, Harrys mum Sarah's statement said: "Harry idolised his uncle Brian and thought of him as a father figure. He saw Brian every day, they had a very special bond.
"We have supported each other through the grief we are all suffering in so many different ways I can't describe.
"I hope the effects of Harry's accident will change the attitudes of people living on farms to make them think about the dangers."
His dad Martin added: "Harry's death left a hole in our lives that can't be filled. We are learning to live with the grief. But our lives will never be the same again."
District Judge Mark Hadfield sentenced Nutter to 26 weeks in prison suspended for 18 months and ordered him to carry out 250 hours of unpaid work and pay costs of £5,276.53.
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He said: "There's no getting away from the fact that this has resulted in the loss of the life of your nephew.
"No sentence whatever time or length can make up for the profound loss. The impact on you is nothing compared to the impact on Harry's mother and father."