North Yorkshire farmers admit fault over cattle trampling death

Two farmers have admitted health and safety failures over the death of a dog walker who was killed by their cows.

David Clark, a 59-year-old teacher from Richmond in North Yorkshire, was fatally crushed by cattle while crossing a field in September 2020.

David and Andrew Turnbull had been due to stand trial but have now admitted a lesser charge that was accepted by the prosecution at Teesside Crown Court.

The Turnbulls, of Low Whashton near Richmond, are due to be sentenced on 3 March with a fine the most likely punishment.

An inquest previously heard Mr Clark, the deputy head of Richmond School and a former Scotland Under-21 rugby player, was attacked while walking his two dogs.

He was crushed by cows suckling calves with a jury concluding his death was accidental.

Brothers David Turnbull, 60, and Andrew Turnbull, 57, were then prosecuted by the Health and Safety Executive and a two-week trial was due to be held in March.

But at a hearing on Friday, prosecutors said a basis of plea offered by the farmers was acceptable and they would now admit a different offence, based around not putting up enough warning signs advising walkers to take a different route.

Both pleaded guilty to failing to ensure the health and safety of persons other than employees while operating a farm.

Judge Jonathan Carroll said it was “absolutely shocking” the case had taken four years to conclude, and told the prosecution and defence barristers: “It should have been resolved years ago.”

He said it had ultimately been resolved by prosecutors accepting that “putting up a couple of signs would have satisfied any criminal liability”.

The judge said the delay was “unfair” to Mr Clark’s family, whom the court heard had not engaged with the prosecution, and the Turnbulls.

He also said it was especially galling as the court system was “buckling under the weight of its work” with cases already being listed for 2027.

Prosecutors said they would not claim the health and safety breach was a “significant” cause of Mr Clark’s death, adding that members of the public had remained entitled to use the footpath despite the alternative route being suggested.

Judge Carroll said the farmers would most likely be fined but demanded their barristers tell him what protections the Turnbulls would put in place in the future to protect members of the public from livestock.

“The public are entitled to know,” the judge said.