Manslaughter trial begins for Forest of Dean director

The victim was employed as a labourer by Kyle Gettings

A company director has gone on trial for the alleged manslaughter of a 38-year-old employee.

Martin Simmons died 15 days after his arm became trapped by a conveyor belt on 20 February 2019, crushing an artery to his neck and causing brain damage.

Kyle Gettings, 35, of Marten Road, Chepstow, pleaded not guilty to unlawfully killing Mr Simmons by gross negligence.

The trial at Gloucester Crown Court is expected to last three weeks.

Mr Gettings admitted to the court between January 1, 2019 and February 21, 2019 he failed to discharge his duty in ensuring the health and safety of his employees while working with machinery during the process of shredding tyres.

He was the director of Capital Metals Ltd, a now liquidated company that was trading at the New Dunn Business Park, in Sling, Gloucestershire.

'Neglect'

Prosecutor Philip Stott told the jury Mr Simmons was both loading tyres onto the conveyor belt at the beginning of the shredding process and overseeing the shredded tyres as it left the machine on the second conveyor belt.

"The machinery didn't have any guard rail protection on one conveyor belt. This is neglect as anybody could easily become trapped within its workings," said Mr Stott.

The court was told a new tyre shredder was set-up and wired in by outside electricians. However, Mr Gettings didn't have the machine's operating manual and had turned to Google to set the machine up.

'Incorrect set-up'

"Due to an incorrect set-up of the shredder itself, a chute leading from the machine towards the second conveyor belt would frequently get blocked which then had to be freed up by the workers."

It was alleged the employees did not turn off the machinery when clearing it of debris and freeing up the jammed conveyor belt, despite being trained to do so by Mr Gettings.

The court was told, the shredding machine had become jammed on February 20, 2019.

Mr Simmons was under the chute pulling out the tyres and was crouching down towards the conveyor belt while it was still moving, and his right arm got stuck inside the roller, Mr Stott added.

Mr Simmons' colleagues used disc cutters to free him from the machinery as the first ambulance crew arrived, after being told to do so by a paramedic on the phone.

But despite medical intervention, he died in hospital on 6 March 2019.

The trial continues.