Millionaire farmer fined after doting grandfather killed in a fall while balancing on a forklift truck

Oct 15, 2024

A millionaire farmer has been fined after a doting grandfather hired to a repair a roof at his farmyard was killed in a 12 feet fall whilst balancing on a forklift truck.

Dennis Thornhill, 78, had been using his vehicle as a makeshift cherry picker to lift up 64-year-old Mark Young inside a wooden potato crate so the victim could replace a cracked roof panel on a packing shed.

But when Mr Young moved to the edge of the crate, the box accidentally tipped over and he fell head first on to the concrete floor below as his son Oliver, who had been helping, looked on. He suffered a fractured skull and fatal brain injuries and died at the scene.

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Thornhill, who lives in a £1.1m mock Georgian mansion in Tarporley, Cheshire and drives an E-type Jaguar, was later charged with gross negligence manslaughter over the tragedy on February 1, 2021. He insisted it was an industry wide practise to use forklift trucks and crates as makeshift cherry pickers and blamed Mr Young for refusing to fix the crate to the truck with a ratchet strap and ignoring advice to stay in the centre.

But it emerged the family of the victim, who himself ran a dairy farm in nearby Duddon, were left in debt and had to sell his herd of cows to pay for Mr Young's funeral. The farm which had been in the family for three generations is now being sold off.

At Chester Crown Court, following an inquiry spanning almost four years, Thornhill was acquitted of manslaughter but he and his company DS Thornhill (Rushton) Ltd were found guilty of health and safety offences.

The firm was fined £12,000 and ordered to pay £10,000 costs whilst Thornhill was also ordered to pay £4,000 in costs. He is currently paying a £33,423 ‘fee for intervention’ charged to him by the Health and Safety Executive.

The tragedy occurred after Mr Young was asked to to repair a cracked roof panel and leaking guttering of an agricultural building at Thornhill's arable farm Moss Hall in Rushton which he ran with his son Phillip.

Craig Hassall KC, prosecuting, said: “Mr Young's son Oliver was working on the outside of the roof and Mr Young himself wanted to access the interior of the roof. To gain such access, the defendant brought a forklift truck, carrying a wooden potato crate, to the building. Using the forklift truck, with the potato crate balanced on the forks, the defendant lifted the crate, with Mr Young standing inside, up to the roof.

''But the crate then tipped off the forks and it, together with Mr Young, fell to the concrete floor. Paramedics attended but could not save him. The business at the time was operated with little thought for the safety of its employees.

''The business had also been made aware of defects in the forklift truck, which it then failed to remedy. Notwithstanding that, the way in which Mr Young was lifted up into the ceiling of the packing shed was obviously highly dangerous, and created a serious and obvious risk of death.

“Work at height is notoriously dangerous. Widely available industry guidance warns of the risks involved and provides advice about the measures which should be taken to reduce the risks.”

In a statement Mr Young’s daughter, Laurie said: ''When Oliver called me to say that dad was dying at first I didn't believe him. Then when I went to Thornhill’s I spoke with the police there and they wouldn't let me see my dad. I was in shock, it didn't feel real. It was Oliver that told me that dad had died. I was numb.''

She added: “At the beginning I didn't want to do anything, or see anyone including my children and partner. I stayed at my dad’s farm by myself and tried to continue to run the farm including looking after 14 cows and a horse. I panicked thinking I would have to sell everything.

''I had to learn to run the farm and do tasks such as driving the tractor or mucking out the cows. The investigation has been hanging over me for the past few years and the trial has impacted upon me and stopped me and my family from moving on. I have felt anxious, depressed, bitter and jealous of other people who still had their dads.

“I feel that I have lost my brother Oliver too. Before my dad’s death we talked regularly but since what happened, we have had huge arguments and he's not the same person anymore. The farm has been in our family for three generations but there are still outstanding debts that I will have to pay.

''I had to sell the animals to pay for the funeral and I still pay for maintenance on the farm such as feed and hedge cutting. I had to do a farm sale last year to make some money. I am only maintaining it now until I sell it.”

In mitigation, Thornhill's counsel Malcolm Galloway said: “He is devastated by the death of someone he regarded as a friend. It is clear the distress, remorse and regret is genuine and deeply held and this was not a case of him totally disregarding safety, coming up with an idea he knew to be risky and dangerous and proceeding in any event.

''Mr Thornhill was not the one who suggested the use of the potato crate and the forklift truck. The communication from Mr Young was that he would like assistance by use of the fork lift truck and the potato crate.

"Mr Thornhill suggested the use of a strap to Mr Young which was refused and to make sure that Mr Young stood in the centre of the box ensuring that no tipping took place. He had also lifted heavy potatoes up on thousands of previous occasions without any difficulty.'"

The court heard Thornhill's company profits had fluctuated in recent years, with a profit of £5,000 in 2021, a loss of £40,000 in 2022, a profit of £21,000 in 2022 and a loss of £10,000 in 2023. He himself earned between £30,000 and £70,000 a year but had 'reserves' of at least £980,000 in land investments which were last valued in 1995.

In sentencing, the judge Mr Justice Stephen Morris told Thornhill: ''It is clear that Mark Young was a much loved father and grandfather and I extend my sympathy to his daughter, his son and their family for their terrible loss.

''You both foresaw the risk that reasonably practical steps would not be taken by suggesting, but not using, a ratchet strap and foresaw the risk of harm arising from not taking those steps by advising Mr Young to stand in the middle of the crate. Overall I find that your offence was committed through an act or omission which a person exercising reasonable care would not commit.''

But he added: ''You are of previous impeccable character, as attested to by the numerous character witnesses who gave evidence at the trial. The farm has been run safely and responsibly for a number of years. You and the company have since taken substantial steps to remedy the problem. You fully cooperated with the investigation, and you are the primary carer for your wife.

''Having myself heard and seen you throughout the trial, I am satisfied that your remorse is profound and genuine. The effect of this prosecution upon you has already also been profound. The accident took place over three and a half years ago and you have had the stress and worry of facing the gross negligence manslaughter charge hanging over you and your family for some considerable time.

''In my judgment, you have already received significant punishment as a consequence of the tragic incident.''