BY LUCY CAULKETT
A tractor driver that killed a school boy on a Leeds farm has escaped prosecution despite being more than twice the legal drink limit.
11 year old Harry Whitlam, died from head injuries after being hit by a trailer attached to a tractor at Swithens Farm in Rothwell, Leeds, 2 years ago. The driver, Mr Green, was arrested after failing a breath rest conducted by police at the scene.
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.He told police he had gone to bed at 2am that day after having several pints of beer in a pub and more cans of lager at home.
However, the legal position that most traffic offences can only be committed on a public road meant he would escape punishment for his reckless action which caused the death of a young boy.
He added: “The Crown Prosecution Service did site visits and identified that the location wasn’t classed as a public road and as such the police were unable to prosecute.”
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Young Harry frequented the farm where his mother, Pamela, worked in the cafe. The jury heard that he often helped out with basic tasks like collecting eggs, but on the day in question strayed into the working section of the farm which is normally off limits to the public. Mr. Green in his drunk state failed to see the young man who was positioned behind the wheel, and accidentally reversed into him.
The dead boy’s mother said in a statement her son was not under strict supervision but knew about the danger. ”My last words to Harry were ”be careful”, I’m still in shock over the death of my little boy”.
In a statement, Mrs Whitlam said her son was not under strict supervision on the farm, but knew about danger.
The statement said: “My last words to Harry were ‘be careful’.” It added: “I’m still in shock and heartbroken at the death of my little boy.”
There were a number of gates and barriers around the farm site to prevent the public from accessing hazardous areas, so it was particularly careless that there was no particular supervision in place to keep an eye on this child. PC Ward confirmed that young Harry would have been in view from the rear mirror seconds before the impact, but how long he would have been in view would depend on how fast the vehicle was moving.
Green would have been able to see the 11-year-old just before he was hit, the inquest heard.
In evidence heard from PC Martin Ward – an expert in road traffic collisions – Harry would have been momentarily in view from the near side mirror of the tractor.
PC Ward said: “In the seconds before the impact, Harry would have been in view.
“How long he would have been in view would depend on how fast he was travelling.
“From the distance between the barn where he is thought to have come from and the back of the trailer where he was hit, it is 3-4 metres, and he would have been in view for 3-4 seconds”.
“At the point of impact, however, it is likely that Harry would have been in a blind spot.” However, most disappointing is the point established that someone should have been guiding the driver since he there was a known blind spot around where he was reversing.
PC Ward continued “When you are reversing with a known blind spot with people and livestock milling around, I think there should be a banks man guiding him through.”
The conclusion is that this tragic death was avoidable, yet nobody is taking the raps for it. The inquest continues.
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