A couple have been cleared of breaching health and safety laws after a contractor was crushed to death by a quad bike in the grounds of their Monmouthshire property.
Nicholas and Anthea Prest were accused of failing to discharge their duties following the death of gardener Paul Marsden, 47.
Mr Marsden, who had worked for them for more than six years, was found trapped beneath the bike at Pilstone House in Llandogo in April 2020, after taking the vehicle to spray weeds. He died of asphyxia after the quad bike he was riding crushed him.
The couple told investigators the quad bike was in good condition and that Mr Marsden was an experienced rider. A jury found both not guilty.
Mr and Mrs Prest 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 be trained on how to use the all-terrain vehicle (ATV) nor had the vehicle undergone daily checks or proper tyre checks.
The couple told investigators the quad bike was in good condition and that Mr Marsden was a very experienced rider.
Mr Prest, 71, 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.”
Jurors were told Mr Mardsen’s body was found around 13:40 BST on 24 April 2020 by another contractor.
Mrs Prest, who is 70, said Mr Marsden took the Honda ATV, with a tank containing herbicide mounted on the back, to a field to spray weeds and brambles because it was easier than making several trips on foot to refill.
At 10:40 BST, Mrs Prest recalled giving him a “double thumbs up”, to which he gave a thumbs up 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 examination confirmed he died from crush asphyxia.
Mrs Prest described herself as being “very impressed” with Mr Marsden’s work.
She said over the six and half years his confidence had grown and he was instrumental in clearing a passage in the woods which had become overgrown with brambles.
‘Ghastly experience’
Mrs Prest said Mr Marsden “took delight in seeing the flowers grow and he was lovely to work with because of his interest”.
She told the court she would pay him from her personal account either with a cheque or bank transfer.
The court heard she was given an allowance by her husband to run the house, which would include wages for the gardeners.
Mrs Prest said she never drove the quad bike. She said Mr Marsden had been using a “knapsack spray” and would walk back and fore to refill it but she thought it would be easier to use the ATV.
Mrs Prest said she never drove the quad bike, and told the court that “it would be like teaching granny to suck eggs” if she advised him how to use the bike.
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.”
The jury had been told that Mrs Prest was a former professional ballet dancer and was a member of the English National Ballet until an injury ended her career.
The couple moved from London and bought Pilstone House in 2006. Mrs Prest described it as a convenient home because her two daughters were in university in Cardiff and her son was studying at Bristol University.
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