A FARMER who failed to warn a tipper truck driver about overhead power lines has been sentenced to a conditional discharge by a judge.

In what Judge Maurice Greene described as ‘a highly unusual case’ Manchester Minshull Street Crown Court heard how Ramsbottom dad Matthew Drummond was electrocuted and died after attempting to deposit waste sand at Heaton Farm, Middleton.

The farmer, David Heywood, was prosecuted by the Health and Safety Executive for failing to ensure 28-year-old Mr Drummond’s safety.

The court heard that on April 8 2016 Mr Drummond, a self-employed contractor, of Linden Avenue, Ramsbottom, was looking for a place to dump waste sand.

Craig Morris, prosecuting, said a number of other contractors have previously used the farm for tasks such as spreading slurry and Heywood, whose family has run the farm since 1971, agreed to take the sand with the intention of spreading it on a field.

The two men met in their vehicles at the entrance to the farm and Mr Heywood led the way into the field.

Adrian Farrow, defending, said 69-year-old Heywood, who had his 18-month-old daughter in his cab with him, had intended to discuss where to spread the sand when they got into the field.

But he turned around to see Mr Drummond had stopped his DAF truck by ruts in the ground, had got out of his vehicle and was raising the tipper’s arm, which came into contact with overhead power cables.

“Mr Heywood attempted to assist but could not get close enough and was thrown backwards,” said Mr Farrow, who added that the farmer was also electrocuted, spent a day in hospital and has had to have treatment for post traumatic stress disorder due to the incident.

“He has to go through the area of this farm every day and relive it,” said Mr Farrow.

The court heard that Heywood had previously warned other contractors about the presence of the power cables but had not done so to Mr Drummond.

Heywood pleaded guilty to committing the health and safety offence

A victim’s statement, written by Mr Drummond’s GP wife, Claire, was read by Judge Greene which stated that his death has left his family ‘devastated’ but ‘we take some comfort from him having died doing what he loved’.

Judge Greene commented: “This was a tragic accident for all parties but, of course, no one can really put themselves in the shoes of Mr Drummond’s widow.”

Sentencing Heywood to a conditional discharge for 12 months, Judge Greene told him: “This was a totally isolated incident as far as you were concerned.

“This is a highly unusual case and it was a brief omission which led to this outcome.

“You have suffered somewhat as a result of this as well.”

Heywood, who has no previous convictions, must pay £15,000 towards the HSE investigation and a further £3,000 towards prosecution costs.