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Farmer’s death a ‘sad reminder’ of industry dangers


By Gordon Calder

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Sheriff Andrew Berry made his views known in a written submission made public yesterday following a fatal accident inquiry (FAI) which was held in August.
Sheriff Andrew Berry made his views known in a written submission made public yesterday following a fatal accident inquiry (FAI) which was held in August.

THE tragic death of a 64-year-old Caithness farmer should act as "a sad reminder" of the hazardous and dangerous nature of the agricultural industry.

That was said yesterday by NFU Scotland after a Wick sheriff stated the death of Alexander "Sandy" Banks last year was "a sad and tragic accident".

Sheriff Andrew Berry made his views known in a written submission made public yesterday following a fatal accident inquiry (FAI) which was held in August.

Mr Banks was attending his stock at Sour Farm, Halkirk, on June 13 last year. He tried to help a calf suckle from its mother and put a rope round the animal’s neck and tied the other end round his waist.

Mr Banks did that to keep the cow stationary but "for a reason not known" the cow bolted and dragged the farmer with him. He died from multiple injuries as a result.

"Sandy Banks was a highly experienced, hard-working and diligent farmer whose working practices had never given concern. In caring for his animals he required to assist a cow with its newborn calf and did so in the best way he considered appropriate," said the sheriff.

"While the method chosen to assist the cow and calf on this day has had tragic consequences it cannot be said that he [Mr Banks] ought to have acted in a different way.

"What occurred was a sad and tragic accident," stated Sheriff Berry, who concluded the farmer’s death was due to the multiple injuries caused by the stampeding cow.

Commenting on the findings, a spokesman for NFU Scotland said: "This is a tragic accident that acts as a sad reminder to all livestock farmers and their staff that we work in a hazardous and dangerous industry.

"A small number of deaths and injuries related to handling cattle are recorded each year but each incident has implications for family and friends."

The spokesman added: "Increasingly, those working with cattle are doing so in isolation and many farmers are aware of times when the unpredictable nature of stock, the availability of handling facilities and the risks involved have not been given due consideration.

"The tragic circumstances around Mr Banks’ death should make us all think a wee bit more about these things."

In his written submission, Sheriff Berry summarised the evidence he heard at the inquiry from various witnesses, including police officers, a paramedic, neighbour and fellow farmer John Buchanan, who was contacted by Mr Banks’ wife, Ella, when he failed to come home for his lunch.

The FAI also heard from Ann Poyner, an inspector with the Health and Safety Executive based in Inverness.

She said the use of a halter to restrain a cow was "not a problem in the right place and at the right time".

Ms Poyner said it would have been better to have two people involved in that type of operation but "in the real world that did not always happen". There are no rules to state a person should not act alone.

The inspector, said the sheriff, noted the rope used by Mr Banks to keep the cow stationary had been tied with a quick-release knot which showed the farmer "did things in a responsible manner".

But "to attach the halter to one’s self would not be regarded as a safe method of work in normal circumstances in view of the power of a cow."

Sheriff Berry stated: "She [Ms Poyner] did not think that Mr Banks would have done as he did that day as a usual practice but perhaps acted on the spur-of-the-moment to enable him to work with his hands free. It was clear to her that there was no evidence of a problem with this particular cow."

There was a pen in the field which could have been used to confine an animal which again indicated good working practice, said the sheriff.

The inspector told the inquiry Sour Farm had never required a visit from the Health and Safety Executive.

"She could not remember any incident or concern at the farm – not even a whisper of concern about Mr Banks and /or Sour Farm," said the sheriff, who expressed his own sympathy to the family. I would also like to express my condolences to the family and friends of Mr Banks."

Mr Banks, who is survived by his wife and daughters, Laura and Lynne, lived at Larlyn, Calder Road, Halkirk.


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