Farming partnership fined following death of estate worker
Last updated 26th Jun 2024
A farming partnership in the Borders has admitted a series of Health and Safety failings following the death of a 53-year-old estate worker.
Former soldier turned mole-catcher Martin Smith had been involved in the controlled burning of heather near Cranshaws, in the Lammermuir Hills, when his clothing caught fire on March 22nd, 2021.
Selkirk Sheriff Court today (Wednesday) heard a lack of adequate protective equipment meant his injuries were "unsurvivable".
Jemma Eadie, prosecuting, revealed there was also insufficient water or first aid in place for dealing with any injuries.
The court heard a tractor driver who spotted Smith in distress suffered burns attempting to pull off his clothes, which had caught fire; and a lack of mobile signal had hampered calls for help.
Smith, who had previously been living alone in Cockburnspath, was airlifted to the national burns unit in Glasgow Royal Infirmary, having suffered severe burns to 75 per cent of his body, but was pronounced dead the following day.
READ MORE: Courtroom drama sees business suspended at Selkirk
Harehead Farms admitted failing to have in place a safe system at work for muirburn, and was fined a total of £107,500.
Passing sentence, Sheriff Peter Paterson said there had been a "significant breach" of health and safety, and the farming partnership had failed to follow what, at the time, was official guidance.
But he said he strongly suspected no penalty could satisfy Smith’s family and friends, present in the public gallery, for the loss of his life.
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