Tractor death: Men fined after trainee mechanic Neil Graham crushed

Neil Graham's parents say he was full of "fun and adventure" with a great love for his friends, family and Labrador Millie

Two men and a business have been fined £50,000 after a 17-year-old boy was crushed while working underneath a tractor in County Fermanagh.

Neil Graham, an engineering student from Garrison, was killed while on work placement in Enniskillen in May 2018.

The Health and Safety Executive for Northern Ireland (HSENI) found a safety feature of the tractor was disabled before it was brought in for repair.

Neil's family said their world had been "shattered" by his death.

The student at South West College in Omagh, was working at Gordon Brown Agricultural Engineering, completing a work placement.

The judge said the incident was "monumentally tragic".

Each of the defendants had pleaded guilty to health and safety offences at a previous court hearing in November 2022.

Gordon Brown, 63, of Boho Road in Enniskillen, admitted a charge of being an employer and failing to provide a safe system of work. He was fined £20,000 at Belfast Crown Court on Wednesday.

Jamie Loane, 27, from Derrybrick Road in Kesh, pleaded guilty to a charge of being an employee and failing to take reasonable care for the health and safety of himself and others. He was fined £10,000.

Loane's family farming business - C and V Loane Ltd - admitted a charge of failing to ensure a non-employee was not exposed to risks to health and safety. It was also fined £20,000.

By-passed safety feature

Gordon Brown, the owner of the business, was working with Neil on repairs to a tractor owned by C and V Loane Ltd.

While working underneath the tractor, to try to find an oil leak, the teenager was fatally crushed by the forward movement of the back right wheel after Brown started the vehicle.

This, the prosecution said, caused the tractor to jump forward causing the injuries.

The HSENI investigation found that a safety feature to prevent the vehicle being started while in-gear had been by-passed sometime prior to it being brought in for repair.

Brown later said he was completely unaware of the modification and would not have allowed Neil anywhere near it had he known.

An inspection pit was available in the workshop, from where the tractor could have been examined safely from below, however, it was not used at the time.

The court heard that while Loane claimed he was not aware of the alteration to the safety mechanism, as the main user he was "under duty to make himself aware" of any alternations, and pass that information on to anyone who would be affected by this.

The prosecutor said: "Neil Graham tragically lost his life as a result of central failings attributable in several ways to the defendants."

'Neil had gone to work happy' - family

Neil Graham was a popular and loyal young man, his parents Eddie and Joy Graham said after the sentencing earlier on Wednesday.

They spoke of his love for his friends and family as well as his love for animals - including his Labrador Millie.

They recalled a day when Neil arrived home with his boot full of hens.

He stopped at a garage to buy the hens buns in case they were hungry.

Mr Graham said that on the day of the incident Neil had gone to work happy, before the family's world was "shattered".

"He will never become a mechanic, he will never get married and have children," he said.

His family has helped raise funds for the Air Ambulance and will be running as a relay team in this year's Belfast Marathon.

Brown's lawyer said his client acknowledged the "catastrophic impact" Neil's death has had on the his family and friends and also wanted to pass on his condolences.

The barrister said the incident has also had a "significant" impact on Brown's health and that prior to this incident there had never been any safety issues in his long-established business.

The barrister representing Jamie Loane and C and V Loane Limited, added his clients condolences to the Graham family for the death of a "wholly innocent young man whose life has been lost in these utterly appalling and tragic circumstances".

The barrister said that whilst it was acknowledged by the Loane family that the Massey Ferguson brought to Brown was in a bad condition, they were not aware the modification had been made.

The judge said: "I'm aware that today's proceedings will do little to ease the grief of the family - but hopefully this will give them some degree of closure."

'Responsibility to ensure the safety of workers'

Each of the three defendants had earlier pleaded guilty to the health and safety offences at a court hearing in November 2022

HSENI Inspector Anne Cassidy said it was a "tragic incident" which "needlessly claimed the life of a young man who was training to become a qualified mechanic."

"Working under machinery of any description poses significant hazards," she said.

"This work activity was even more hazardous as a key safety feature of the tractor had been disabled.

"Every employer has a responsibility to ensure the safety of workers. The identification of safe systems of work is key to ensuring safe work practices," she added.