Equipment - Appropriate, suitable and well-maintained!

In October last year, two farming partners were acquitted of manslaughter by the Criminal Division of the Court of Appeal. Their farm worker had been driving a tractor which was towing a trailer up a steep gradient. The trailer somehow became uncoupled and collided with a third party who happened to be in the way. Sadly, the injuries were fatal and the farmers were charged with manslaughter on the basis that the coupling mechanism was not that recommended by the manufacturers and it had, in addition, become badly worn.

They were, in fact, convicted in the Crown Court but appealed. The Court of Appeal looked closely at the transcript of the summing up by the Judge in the Crown Court and found that he had failed to give the jury a full and balanced account of the defence. The Court took the view that the convictions of both defendants were unsafe and their appeals were allowed. Whilst that was undoubtedly good news for the two farmers involved, the message given by the case is clear and unequivocal. Ensure that equipment used is not only appropriate and suitable but also well-maintained.