Northumberland farmer admits health and safety breach after teacher killed by cow

A farmer has admitted a health and safety breach after a teacher was killed by a cow when she was on a family walk.

Marian Clode, 61, was on an Easter family holiday in Northumberland with her two grandchildren, husband, daughter and son-in-law, when a cow attacked her three times while she was walking on a bridleway.

The teacher, who was born in Londonderry and lived in Ashton-under-Lyne, in Greater Manchester, died in hospital in April 2016, having suffered a severe spinal chord injury in the fall.

An inquest found a number of cows had got loose from an unsecured holding area at Swinhoe Farm, Belford, and one of them attacked her on the public right of way. She had had no warning about the livestock coming towards her family group.

Alistair Nixon, 62, on behalf of the JM Nixon partnership, which runs the farm, admitted a health and safety breach during a hearing at Newcastle Crown Court.

He admitted that the business failed to ensure the health and safety of persons other than employees by exposing them to risks to their safety from the movement of cattle.

Craig Hassall KC, prosecuting, said the farmer and employees were moving a herd of about 140 cattle from winter quarters to summer grazing, using a public right of way from the 1,700 acre, mixed farm to a field.

Mr Nixon was positioned by a quad bike at the head of the bridleway and used a stick to stop some of the cattle from moving down the path before he was ready.

But a group of seven or eight cows and five or six calves got past and headed off along the bridleway and over the brow of a hill, out of sight, but along the enclosed lane.

Mrs Clode and her family, who were staying at in holiday cottages on the farm and who had been out for an afternoon walk, were coming in the opposite direction.

Other family members managed to get out of the way by leaping over a barbed wire fence but Mrs Clode was attacked by a cow which turned 90 degrees towards her as she stood by a wooden gate.

Mr Hassall said: “It charged at her two or three times and then tossed her over the wooden gate.”

Her son-in-law managed to get into the field where she lay unresponsive and face down and the emergency services were called.

Mr Nixon arrived at the scene and assisted with first aid, the court heard.

The teacher was taken to Newcastle’s Royal Victoria Infirmary where she died from her injuries.

Mr Hassall referred to a statement by Miriam Parker, a cattle behaviour expert, who said farmers were guided by the Highway Code when moving livestock and they should be kept under control on public rights of way at all times.

The court heard Mr Nixon had travelled on his quad bike along the route he intended to use to move the cows, but that was some time before Mrs Clode and her family were on it.

Mr Hassall, referring to Ms Parker’s expertise, said: “Cattle in full-blown fight mode will attack using their head, often repeatedly, and patently that is what transpired here.”

He said cows being moved with their calves would exhibit “higher arousal levels” on a spectrum of anxiety, excitement and fear.

Even older cattle being moved from their winter sheds to open field can become more excited, play-fighting, prancing and bucking, he said.

The cattle behaviour expert said a number of issues could have made the cow react as it did, including a fear of falling if it was being forced quickly downhill by more dominant animals behind.

Judge Tim Gittins said whether it was a single factor or a combination was not clear, adding: “Something did trigger the fight reaction.”

Mr Hassall replied: “They are all reasons that might contribute in these particular circumstances to a particular cow going into fight mode rather than flight mode.”

The prosecution said the defendant had not made a “suitable and sufficient” assessment of the risk of moving cattle down the public right of way.

Judge Gittins indicated he will pass sentence at 10am on Friday after hearing from the prosecution and defence on Wednesday.

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