Nicholas James Miles informed the courtroom: ‘I may see the quad bike turned over, and I hoped he could be stood subsequent to it… I used to be shouting for him’
A person who was crushed to demise by a quadbike was discovered unresponsive and “blue” in a discipline by his colleague, who had gone trying to find him after he did not take his break.
Nicholas Prest, 71, and his spouse Anthea, 70, deny being responsible for the demise of a groundsman at their luxurious £2.5million mansion with 15 acres of land in Llandogo, Monmouthshire, in 2020. Paul Marsden was discovered lifeless in a discipline by his colleague Nicholas James Miles. An inquest beforehand heard how a mortem examination revealed he had died of asphyxia of the chest.
Mr Miles, who was additionally a self-employed gardener for the Prest household on the time, gave proof to Newport Crown Courtroom on October 14 as a part of the continuing trial. Don’t miss a courtroom report by signing up to our crime publication right here
Mr Miles informed the courtroom that once they have been each scheduled to work on the identical day, they might normally take their breaks collectively, and on the morning of his demise, Mr Marsden had introduced in truffles for everybody to share on their tea break.
Mr Miles, who labored for the Prest household since 2016 at each their manor home and at Glyn Farm, stated that he was “getting increasingly apprehensive as time went on” when his colleague failed to show up for the break.
He informed the listening to that the final time he noticed Mr Marsden alive was when he drove off in a quad bike to spray weed killer across the fields of Pilstone Home.
Mr Miles stated: “Once I arrived he was by the storage placing weed killer into the quad bike sprayer. The sprayer was already on there after I had acquired there.
“He appeared advantageous, like his regular self. He introduced some truffles in for break time to share.
“The final time I noticed him I may simply hear the quad bike operating.
“We normally had a mid morning break at round 11am, and we tried to have it collectively if he was there, however he didn’t be part of that day. I believed it was a bit unusual however as he was doing a process I had by no means seen him do earlier than, possibly it was taking longer than anticipated.
“I went again to work however by 11.55pm, I used to be actually apprehensive. I noticed Anthea, and I stated to her, ‘Paul hasn’t come for break’, and we agreed he had been waylaid.
“Then when I didn’t see him once more at lunch, I used to be getting increasingly apprehensive as time went on.
“I went to search for him, this was at round 1.30pm, however I wasn’t positive the place he was, I did not know which of the fields he was going to be in.
“I noticed the quadbike on the high of the third discipline, on a steep bit. I may see the quad bike turned over, and I hoped he could be stood subsequent to it… I used to be shouting for him.
“Then I may see he was beneath it, he was pinned to the bottom with one in every of his arms stretched out. As I acquired nearer I may see he had began to go blue.”
Earlier than calling for emergency companies, Mr Miles referred to as one other one of many employees at Pilstone Home, who alerted each the defendants.
Nicholas Prest and Nick Miles then helped transport the paramedics to Mr Marsden in a 4×4, with Mr Miles directing them to the place he was.
Within the trial opening on Monday, prosecutor Mr Puzey defined how by legislation, Mr and Mrs Prest “had a obligation to make sure that the employees on their land have been protected.” He outlined that as per the Well being and Security at Work Act 1974, Mr Marsden was employed by the couple to take care of their enterprise’ farmland, and so it was their responsibility to make sure all well being and security measures have been taken earlier than any work was carried out.
It’s the defence’s view that Mr and Mrs Prest, who’re being represented by Keith Morton KC, didn’t have this authorized obligation, as a result of Mr Marsden was a self-employed grounds contractor, working for them privately in a home capability on their 15 acre Pilstone Home, which has “nothing to do” with their associate enterprise, Glyn Farm, and subsequently he was working at his personal threat.
Not one of the Prest’s workers have been supplied with coaching on tips on how to use a quadbike previous to Mr Marsden’s demise. After Mr Marsden’s demise, the courtroom heard Mr Prest organised and paid for all workers to obtain correct coaching.
Mr Miles was a kind of who acquired this coaching. He stated he realized that quadbikes are to be “actively pushed, as apposed to a automobile, the place you simply sit there, that’s passively pushed.”
He recalled being taught tips on how to use your physique weight when navigating uneven and steep terrain, and in addition being taught tips on how to examine tyre strain sufficiently.
It was heard that Mr Miles may at all times say no to doing any work that he felt uncomfortable with.
Mr Morton KC gave an instance from 2018 when the Prest’s have been made conscious of a gear downside on the quadbike in 2018. They despatched it away promptly for a service and repairs.
Mr Prest had additionally highlighted a security concern of his personal prior to now, when he noticed Mr Miles utilizing a strimmer with out a guard.
Mr Morton highlighted some discrepancies between Mr Miles’ statements to the police within the days after Mr Marsden’s demise, on April 27 and 28, 2020, and his solutions in courtroom.
When requested how he was feeling on the times when the police statements have been taken, he stated he was “traumatised after what had occurred.”
Mr and Mrs Prest deny expenses underneath the Well being and Security at Work Act. The trial continues.
