A WEALTHY couple have been found not guilty of health and safety failings relating to the death of a gardener who was killed by a quadbike whilst working at their £2.5 million country estate.
Paul Marsden, 47, died when a quadbike tipped over at the wealthy couple’s country estate while he was spraying weeds at their sprawling 15-acre estate.
He was discovered pinned under the overturned vehicle and died from asphyxia.
Former Ministry of Defence official Nicholas Prest, 71, and his wife Anthea, 70, were accused of failing to give adequate safety gear or training to gardeners working at the estate.
They were each charged under the Health and Safety at Work act in relation to Mr Marsden’s death – but do not face charges of manslaughter.
Instead they were accused of failing to check workers had protective equipment and that the quad bike was safe to use.
The jury returned a not guilty verdict for both Mr and Mrs Prest.
Mr Marsden had worked for the couple since 2013 and been using a quad bike to spray weed killer on farmland surrounding their home when he fell in April 2020.
During the trial David Whitton, of the Health and Safety Executive, said the field where the tragedy took place was not suitable for the quadbike to be loaded with the weedkiller.
And prosecutor James Puzey said a Health and Safety Executive investigation “concluded that the use of the quadbike was seriously unsafe, and that no suitable safety precautions were taken beforehand”.
On the day of the tragedy Mr Marsden brought cake to share with colleague Nicholas Miles at their break time with a cup of coffee, but he didn’t show up for their planned meeting.
Mr Miles, who had been power washing around the couple’s swimming pool and surrounding garden furniture, said he began to get concerned when Mr Marsden didn’t arrive.
He went back to work after his break and stopped for lunch around 1.05pm. When Mr Miles did not turn up, he went to look for him.
“I could see the quadbike had turned over,” he said. “Initially I was hoping he would be stood next to it.
“It was turned over. When I got close enough to see I could see he was underneath it.”
Keith Morton KC, defending, said Mr Marsden was working on a self-employed basis and was working at his own risk.
Mr Prest, previously worked for the MoD before setting up his own companies and is now the chairman of defence technology giant Cohort.
He lives with Mrs Prest at the sprawling countryside house close to the village of Llandogo, in Monmouthshire, which overlooks the River Wye and across into the Forest of Dean.
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