Couple accused over groundsman's quad bike death

The couple are jointly accused of failing to discharge health and safety duties under the Safety at Work Act

A "combination of factors" could have led to the death of a man when the quad bike he was riding rolled over in a field in Monmouthshire, a court has been told.

Paul Marsden, 47, died on 24 April 2020 while working as a self-employed contractor in a field being rented by Nicholas Prest, 71, and his wife Anthea, 70, near their home in Llandogo in Monmouthshire.

The couple are jointly accused at Newport Crown Court of failing to discharge health and safety duties under the Safety at Work Act. They each deny the charge.

Mr Marsden, from Lydney, Gloucestershire, had worked for the couple as a self-employed groundsman on a part-time basis for several years before his death.

David Whitton, a mechanical engineer with the Health and Safety Executive (HSE), told the jury that the factors included driver behaviour, an underinflated rear nearside tyre, the load and mass of the tank of herbicide being carried and a lack of baffles or dividers to prevent the liquid from moving and potentially destabilising the all-terrain vehicle (ATV).

Mr Whitton was challenged by Keith Morton KC, for the defence, who said there was no reliable evidence of the tyre pressure at the time of the incident.

The ATV was examined by Mr Whitton on 19 May, after the incident, when the tyre was found to be flat, the court was told.

The court was told nearly 20 litres (4.4 gallons) of weed killer weighing approximately 20kg (44lbs) in a container, with accessories weighing 15kg (33lbs) were being carried on the quad bike.

'Little difference'

Mr Whitton said the stability of the vehicle could "greatly decrease" if the fluid surged from one side of tank to the other.

Mr Morton KC said another expert disagreed with Mr Whitton's view, saying the amount of liquid would have made "little difference."

Mr Whitton said tanks fitted with baffles that stabilise the movement of fluid within the container are available.

But the court was told the tanks with baffles - otherwise known as dividers or bulkheads - were not available at the time.

Mr Whitton was asked if the ATV used by Mr Marsden on the day of his death was in good condition and designed to carry loads, to which he replied yes.

Mr Morton KC asked him if the spray tank was designed for use on the ATV and if the vehicle was being used on land well within its capability. Mr Whitton replied, "yes".

Mr Whitton agreed, when he was asked, if there was "always a risk of an ATV turning over".

The trial continues.