Firm fined £45,000 after Shropshire farmer's death while checking machinery

Father-of-three George Stokes died in the accident at Tong Norton Farm, at Tong, near Shifnal, Shrewsbury Crown Court heard today. Mr Stokes was struck on the head by rotating arms of a defective bale wrapping machine on May 28, 2009, the court was told.

McHale Engineering Ltd, of Co Mayo, Republic of Ireland, admitted supplying a defective bale wrapping machine in 2001.

The firm was fined £45,000 and ordered to pay costs of £70,000.

The court heard that Mr Stokes, who ran the farm with his brother Roy, had put himself in danger by leaving a safe area and entering the middle of the machine. But it was told that Mr Stokes would not have died if a safety device had worked as it should.

Sentencing Judge Robin Onions, said: "At the time of the accident George and Roy had been agricultural contractors for 16 years and were vastly experienced with agricultural machinery.

"The machine is designed for wrapping bale in plastic. George Stokes was checking the machine which had not been used for several months.

"The safety arm did not operate as it should have done, but we all agree that Mr Stokes must not have been stood at a safety point and that he entered the machine.

"The safety device did not work as it should but this is not a fault confined just to McHale Engineering Ltd.

"This was a unique accident. Mr Stokes' own actions sadly contributed to his death."

Mr James Puzey QC, prosecuting on behalf of the Health and Safety Executive, said that 'if the device had been working properly he may have been hurt and injured but not killed'.

Mr Mark Turner QC, for McHale Engineering Ltd, said: "It's highly relevant that despite hundreds of these machines being in operation throughout the country nobody else has been injured or killed.

"The death occurred due to an unforeseeable action by a contractor who put himself in danger." It is mere chance that McHale Engineering Ltd find themselves here today. They are a reputable firm."

By Joseph Masi