Northumberland farm firm admits Marian Clode cow death failings

Marian Clode died in hospital three days after being injured in April 2016

A farming company has admitted failures after a teacher on holiday was killed by a runaway cow.

Marian Clode, 61, was charged at and flipped over a fence as she walked along a path in Northumberland in 2016.

JM Nixon and Son initially denied any offending but, at Newcastle Crown Court, admitted failing to ensure the safety of a non-employee. The firm will be sentenced on Friday.

Prosecutors said the cattle were being moved when several with calves escaped.

Appearing on behalf of the farming partnership, Alistair Nixon admitted failing to make sure people were not exposed to risks from the movement of cattle.

Craig Hassall KC, prosecuting for the Health and Safety Executive, said Mrs Clode, a primary school teacher from Ashton-under-Lyne in Greater Manchester, was staying at Swinhoe Farm near Belford with her family in April 2016.

Marian Clode and her family were staying at Swinhoe Farm in Northumberland

The farm was run by JM Nixon and Son and, as well housing several holiday cottages, had a riding school and 140 cattle, the court heard.

On 3 April, the Clode family went for a walk to some nearby caves and woods, and were returning along a bridleway when they came across cattle shortly before 15:00 GMT, the court heard.

Mr Hassall said the herd, which included calves, was to be moved about half a mile (800m) from winter sheds to summer grazing fields by Mr Nixon and two farm workers.

'Tossed over gate'

The animals were to be herded along the path, known as Dick's Oldwalls Bridleway, but a group of seven or eight cows with five or six calves got past Mr Nixon.

He was trying to block the route with a quadbike and stick, but the cows disappeared over the brow of a hill.

The Clode family, which included Mrs Clode's two grandchildren aged seven and eight, were walking in the opposite direction to the fleeing cows. Mrs Clode was at the front of the party.

Mr Hassall said her family climbed over a barbed wire fence when they saw the cows coming "at speed", but Mrs Clode was caught next to a gate.

As the first cow arrived next to her, it turned, charged two or three times and then "tossed" her over the gate.

Her son-in-law ran to her aid and found her face down and unresponsive, the court heard.

Mrs Clode, who was originally from Londonderry in Northern Ireland, died three days later in a Newcastle hospital.

'Fear state'

Mr Hassall said Mrs Clode's death had massively impacted her family, especially on the grandchildren who saw the attack. At the family's request, he did not go into further detail as previous online news reports had received "deeply unkind and upsetting comments" from members of the public.

Mr Hassall said an animal behaviourist believed the cows may have been "anxious or excited" about being let out into open spaces after spending the winter months inside.

The prosecutor said the killer cow could also have been in a "fear state", possibly because it had a calf or the position of the family on the track appeared to be a threat.

"They are all reasons to take more care and they are all reasons that might contribute in those particular circumstances to a particular cow going into fight mode," Mr Hassall said.

He said the farm's failings included:

• The quadbike not being positioned in a way to prevent cattle moving past

• No sense of urgency to regain control of the cows and their calves

• No suitable and sufficient assessment of the risks involved in moving cattle along an enclosed public right of way

• Too much time was allowed to lapse between Nixon checking the bridleway for pedestrians and the movement of cattle along the track

• No use of signs to indicate cattle would be moved along the bridleway

• No notice given to residents of the farm's holiday cottages that cattle would be moved that day

• No-one being appropriately placed to alert people walking on the bridleway that the cattle were being moved

'Bitterly regrets' actions

In mitigation, Tom Gent said the "horror" of Mrs Clode's death would "forever haunt" Mr Nixon and his family, who had owned the farm since 1939.

Mr Gent said they had always farmed beef cattle and the method of moving the cows had been used "multiple times" since the 1990s.

He said the plan was not written down but involved three "trusted" and "extremely experienced" farm workers and the herd was well known to them all.

Mr Gent said as a stockman, Mr Nixon would ensure the farm did not keep cattle that were aggressive or "over-protective".

"All of those involved were acutely aware cattle can behave more protectively when their calves are with them, and also that upon being turned out for the first time in the year from winter sheds they can be eager to reach fresh pasture," Mr Gent said.

He added: "They were aware of those two risk factors and they were taken into account into the plan that was devised."

Mr Gent said Mr Nixon chose not to ride after the cattle on his quadbike as he feared it would just push the animals further away and he hoped if left alone they might turn back or stop to graze on the grass verges.

"With the benefit of hindsight it is something he bitterly, bitterly regrets," Mr Gent said, adding: "Knowing what he now knows he dearly wishes he had pursued them right away."