Sentencing Hearing HSE v Gary Green Leeds Crown Court Tuesday 13th December 2016 at 10am.
On the 13th December 2016 at 10am in Leeds Crown Court, Gary Green will be sentenced for ‘failing to ensure the safety of persons other than employees, contrary to Section 3(2) of the Health and Safety at Work Act 1974.’
The offence arises from the death of 11 year old Harry Jay Whitlam of East Ardsley, Wakefield, who died on 9 August 2013 after sustaining fatal injuries in an accident involving a tractor and a trailer whilst at Swithens Farm, Swithens Lane, Rothwell, Leeds.
The driver of the tractor, Gary Green was over twice the legal drink-drive limit when tested at the police station some 2 hours after the collision.
The inquest into his death was heard on 30/31st July 2015 and returned a Narrative Verdict. The case has been widely reported.
The police were unable to bring a criminal prosecution as current drink-driving legislation only applies to vehicles being driven on public, not private land. This legal anomaly is something which the family of Harry want to see changed through the Whitlam’s Law campaign.
The family have therefore had to rely on the HSE to bring a prosecution case against Gary Green for Harry’s death.
Details of the HSE Prosecution case
GARY GREEN, on the 9th day of August 2013, being a self employed person, failed to discharge the duty imposed on him by Section 3(2) of the Health & Safety at Work Act 1974 in that he failed to conduct his undertaking in particular whilst reversing a tractor and trailer at Swithens Farm, Rothwell, in such a way as to ensure, so far as was reasonably practicable, that persons not in his employment, including Harry Whitlam, who may be affected thereby were not exposed to risks to their health and safety, whereby he is guilty of an offence by virtue of the provisions of Section 33(1)(a) of the said Act, and is liable to a penalty as provided by Section 33(2) of the said Act (as amended). At the last hearing, the Judge commented that Gary Green had significantly passed the custody threshold. The matter was adjourned for a Pre-Sentence Report.
The Whitlam Family
Harry’s mum – Pamela Whitlam – will be attending court for the sentencing hearing on 13th December. She will be supported by members of her family and her legal team from Switalskis Solicitors. She will be making a verbal statement outside court after the sentencing hearing.
