Health and safety: Man fined £1,000 following death of work mate in the Scottish Borders
Last updated 7th Oct 2024
It's being described as "a momentary lapse of concentration with tragic consequences".
Alan Paxton was reversing a van at a Borders builder's yard when it struck 72-year-old work mate Ian Hogg, who died from his injuries.
The incident unfolded at Walker Groundworks base near Kelso, on May the 10th, 2022.
The 60-year-old today (Monday) admitted breaching the Health and Safety at Work Act, by failing to maintain proper observations.
Jedburgh Sheriff Court heard Paxton should have been aware of Mr Hogg as both had gone out together to hitch up a trailer.
But his solicitor pointed out the vehicle was only moving at slow speed and, unbeknown to Paxton, Mr Hogg - who had his back facing him - had changed his direction of travel.
"It was a large degree of misfortune that their paths collided," he added.
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The court heard Paxton, of Broomlea, Kelso, took full responsibility for the incident, and struggled with his remorse, which he said has had an impact on both his physical and mental health.
"He deeply regrets what happened that day," his solicitor continued - while pointing out he had held a licence for 39 years with no previous incidents.
The court heard a civil action has been raised by Mr Hogg's family, which would be handled by insurers.
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Passing sentence, Sheriff Peter Paterson, who was shown CCTV footage of the incident at The Old Smiddy site, said: “There’s nothing this court can do or say that can in any way make up for what has happened either to Mr Hogg or to you.
“And no form of punishment that can rebalance the tragedy that has occurred here.”
Sheriff Paterson explained he was concerned with the level of fault, which he said had been at the "lowest level".
"It was a momentary lapse of concentration with tragic consequences", he added.
Paxton was fined £1,000 and ordered to pay a victim surcharge of £40.
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