Colette HumeBBC Wales, Newport Crown Court
BBC
Nicholas Prest, 71, and his wife Anthea Prest, 70, are jointly accused of failing to discharge health and safety duties under the Safety at Work Act
A couple accused of breaching workplace safety laws after a contractor working for them died in a quad bike accident said he was a “very experienced” rider.
Self-employed gardener, Paul Marsden, 47, had been doing regular work for Nicholas Prest, 71, and his wife Anthea, 70, on land near Pilstone House, Llandogo, in Monmouthshire.
But he died of asphyxia in April 2020 after the quad bike he was riding crushed him.
Mr and Ms Prest are jointly accused of failing to discharge health and safety duties. Both deny the charge.
They told investigators there were no issues with the quad bike and that Mr Marsden’s death had a “major impact” on them.
The jury previously heard that Mr Marsden, who was not wearing a helmet, had not been trained on how to use the vehicle – nor had the quad bike undergone daily checks or proper tyre checks.
Jurors were told his body was found around 13:40 BST on 24 April 2020 by another contractor, Nick Miles, after he failed to return for lunch.
Paramedics confirmed he had been dead for some time.
On Thursday, at Newport Crown Court, written statements from Mr and Mrs Prest about the day of the incident were read to the jury.
Mrs Prest said she had asked Mr Marsden to spray an area of nettles and briars in a field known as Summer Field.
She said Mr Marsden took the Honda all-terrain vehicle, with a tank containing herbicide mounted on the back to the field, because it was easier than making several trips on foot.
At 10:40 BST, Mrs Prest recalled giving him a “thumbs up” as he worked on a slope, to which he waved back and then got back on the bike which was parked facing up the slope.
It was the last time she saw him alive as he was later found trapped under the quad bike, which lay across his chest.
The post-mortem confirmed he died from crush asphyxia. Toxicology tests found he was not under the influence of alcohol or drugs.
The couple told investigators the quad bike was in good condition and that Mr Marsden was a very experienced rider.
Mr Prest said he “had personally seen the skill he had in using it”.
He also explained the vehicle was in “good, serviceable condition” and was “the most suitable equipment for the task”.
The court heard the remote location made recovery difficult, and Mrs Prest described the situation as “particularly upsetting”.
Mr Marsden’s body was recovered later that night at around 22:00 BST.
In their statements Mr and Mrs Prest said they were in contact with Mr Marsden’s family to offer their support but were later asked by police to stop.
‘Ghastly experience’
The court heard that Mr Marsden had worked for the couple as a self-employed gardener and groundsman for nearly seven years.
He used his own equipment for some jobs and the Prests’ machinery for others.
Mrs Prest said Mr Marsden often used the quad bike across woodland and uneven terrain.
Giving evidence, Mr Prest described Mr Marsden’s death as a “catastrophe”. He said the couple were deeply shocked when a police officer told them they could both be facing an accusation of manslaughter by gross negligence. He said the officer delivered the news in a “casual” manner.
Mr Prest, who had a career in the defence electronics industry after working in Ministry of Defence procurement, said: “We were deeply shocked. Traumatised is an overused word, but it was a ghastly experience.
“I’m not criticising the police, they have a job to do, but my God, it was tough.”
Mr Prest said he had no concerns about the quad bike and no one else raised any concerns with him. He said following the incident he arranged quad bike training for another contractor.
The couple denied any negligence, insisting nothing they did or failed to do caused Mr Marsden’s death.
The trial continues.
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