A building site worker who suffered catastrophic abdominal injuries after the dump truck he was driving overturned was not killed instantly by the incident, a court was told, but was found dead two days later.
David White was working on his own while working at West Aberthaw Farm in the Vale of Glamorgan when the accident occurred.
Prosecutor Simon Morgan, who was acting for the Health and Safety Executive (HSE), told the court that the renovation project at the farm had been running behind schedule at the time following major problems with drainage, and people were working weekend shifts to catch up.
On the weekend of October 1 and 2, 2016, the court was told, Mr White was working alone at the farm. He was using a dumper truck to move rubble and spoil around the site in readiness for the next stage of the redevelopment and it had been agreed he would be paid £50 for the extra shift.
Exactly how the accident occurred will never be known but when the dad-of-three was found, had a handful of grass in his fist – suggesting he had not died instantly in the incident.
The court heard that Mr White had either jumped or been thrown from the vehicle, and then crushed as it rolled over.
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Mr Morgan said Mr White appeared not to have been wearing a seatbelt at the time of the incident, and that the wearing of a seatbelt was an essential element of the safety of such vehicles.
Mr Morgan said a firm called Pro'Conn was in charge of the redevelopment, while project manager and principal designer was Graham Kuhlmann.
Pro'Conn has since gone into liquidation, reports Wales Online, and the company was represented in court by former director Kevin March.
Mr Morgan said both Kuhlmann and March had responsibility for safety on the build, and that those responsibilities were non-delegatable. He said there had been "insufficient monitoring and supervision" on the site, which was a failing both defendants shared.
Kuhlmann, aged 50, of Parcau Road, Bridgend, and 69-year-old March, of Fields Park Road, Pontcanna, Cardiff, had both pleaded guilty to a breach of the Health and Safety at Work Act when they appeared in the dock for sentencing.
The court heard Pro'Conn went in liquidation following the incident and March has now retired, but he has equity of some three-quarters of a million pounds in various properties.
Judge Paul Thomas QC told the defendants that it had been their business to know what was going on at the site, and they had responsibility for the health and safety of workers and visitors.
He said: "In law the buck stops with each of you."
The judge said the offending crossed the custody threshold, and he hoped the sentences he was about to impose would send out a message to others with the same responsibilities that the courts take such matters seriously.
Kulhamann was sentenced to 21 weeks in prison suspended for 12 months, and March to 32 weeks in prison suspended for 12 months.
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