Family of Harry Whitlam Want Change to Drink Drive Laws

The family of an 11-year-old boy who died after being run over by a tractor at a Rothwell farm are calling for a change in the law when it comes to drink-driving on private land.

The inquest into Harry Whitlam's death heard the tractor driver was more than twice over the legal alcohol limit. But he couldn’t be prosecuted because it didn't happen on a public road, meaning no offence had been committed.

A narrative verdict was returned at Leeds Coronors Court. The jury concluded that 'for reasons unclear, and whilst unsupervised, Harry entered a working farm area and was struck by the reversing rearside tyre of a tractor-trailer. The driver of the tractor provided a positive breath test at the scene.'

In a statement read outside court by their solicitor Claire Vercammen, the family said: "It has been extremely distressing to hear the vidence that has been presented to the jury and the coroner over the past two days. In particular, the fact that the driver was over twice the legal limit when tested at the police station two hours after the collision.

"It is a legal anomoly that because the accident took place on private property, there can be no criminal prosecution arising from Harry's death. The family believe that there should be a change in the law so that it is illegal to be in control of a vehicle whilst under the influence of alcohol or drugs wherever that vehicle may be.

"However, we hope that the evidence heard at the inquest will be considered as part of the health and safety investigation into the case. We will always treasure the memories of the precious, if all too short, time we spent together."

Ian Broadhead, the owner of Swithens farm where the accident happened, told Radio Aire: "I think it was a fair verdict and I hope that we can all move on from here. Accidents happen and I'm a big believer in fate. It was just one day and it happened. It was a split second. A tragic accident."

Harry, from Wakefield, died on the morning of 9 August 2013. He'd come to the farm with his mother Pamela Whitlam, who worked in the cafe there. He regularly went to the farm after school or at weekends to do little jobs like collecting eggs, and enjoyed his time there.

When the tractor reversed into him, Harry was in a working part of the farm which was restricted to the public. The inquest heard how there were barriers in place to prevent people going into that area, but Harry had never been explicitly told where he could and couldn't go. Since the accident, padlocked gates and signs have been put up.

The inquest was told how the man driving the tractor, Gary Green, told police he hadn't gone to bed until 2am the night before and then got up again at 7am that morning to start work.

Detective Sergeant Ben Kemp, who was one of the first on the scene, said: "I could see the white of his eyes were dull and they were glazed over. I could smell the alcohol on his breath. To me, at that moment in time, it was clear that he was drunk."

In an excerpt from the police interview conducted later that day, Mr Green said: "I reversed back like I'd done thousands of times. I always pip my horn. I don't know where the hell he came from. I really, really don't.

"I just didn't know he was there. It's as simple as that."

Mr Broadhead told the inquest that Mr Green was a 'competent and reliable' worker who he'd known for 30 years. He said he'd done that manoeuvre over 2,000 times at his farm, and that he was unaware that Mr Green had been drinking that day.

Mr Broadhead explained that he believes himself to be 'more safety conscious than most' because he lost his leg at the age of 26 during an accident on the farm, so he understands that one mistake can have catastrophic consequences.

He said: "If we could all turn the clock back, God we would do it."

PC Martin Ward, a CIU investigator, analysed the tractor to see whether or not Mr Green could have spotted Harry before he began reversing. It was recognised that the tractor was attached to a big slurry tanker so there were several blindspots, although PC Ward said the view from the driver's cab was 'very good'.

He explained it is possible that Harry was in the driver's sight lines in the moments before the vehicle hit him, but it would depend on how fast Harry was moving at the time.

He said: "There was nothing to stop the driver seeing Harry, but by the same token, there was nothing to stop Harry seeing the tractor".

When asked whether it was reasonable for Mr Green to expect a child to be there given that it was an area of the farm not open to the public, PC Ward said it 'would not be out of the question' for a child to stray over there given its proximity to the public area. He pointed out that there was a children's petting area about 20 metres away.

In a statement read out in court, Pamela said: "I'm still heartbroken and sad over the death of my little boy. My last words were 'be careful'."