Harry Whitlam inquest: Tractor driver 'over alcohol limit'

31 July 2015

A tractor driver was almost three times the legal alcohol limit when he reversed into an 11-year-old boy, an inquest has heard.

A trailer and tractor backed into Harry Whitlam at Swithens Farm, Rothwell, West Yorkshire, on 9 August 2013. He died later the same day.

Leeds Coroners' Court heard Harry was struck at an area of the farm not usually open to the public.

Tractor driver Gary Green was arrested but never charged.

Mr Green had 90 micrograms of alcohol in 100ml of breath at the time of the accident. The legal limit is 35 micrograms.

The court heard Mr Green was arrested on suspicion of drink-driving and causing death by dangerous driving but was later released and never charged.

West Yorkshire Police said a criminal prosecution could not be brought because the incident occurred on private land.

Harry's mother, Pamela Whitlam (left), said her son "loved" being at the farm

Jurors were told Harry had gone into the area where he was run over just after 09:00 BST.

His mother, Pamela Whitlam, who worked at the farm's cafe, said she had not explained to him where he could or could not go because she was not familiar with the layout of the site.

In a statement to the court, she described how just before the accident she told her son: "Be careful."

Moments later she ran outside to find him lying on the floor after being hit by the vehicle.

Harry had gone into an area not normally accessible to the public, the inquest heard

Jurors heard Mr Green had drunk "three of four pints" at the pub the night before the accident and continued drinking at home until 01:45.

Following his arrest, he told police officers: "I don't know where he came from because no-one should be down the back of the tractor."

The inquest continues.

Update 31 July 2015: This story has been amended following updated information supplied by West Yorkshire Police about why a prosecution could not be brought.