Co. Down farmer sentenced after death of niece

A Co. Down farmer was today fined £15,000 in Coleraine Crown Court.

Appearing at Coleraine Crown court today, Mr Derek Nummy was fined £15,000. In addition a forfeiture order was granted in respect of the JCB loading shovel involved in the incident.

Mr Nummy, pleaded guilty to two breaches of health and safety legislation after his niece Abbie suffered fatal crush injuries when she was struck by a JCB wheeled loading shovel, driven by a 12-year-old child. The two children had been using the loading shovel to move tyres from a silage clamp to another area of the farmyard when the incident occurred.

The prosecution followed a joint investigation by HSENI with its enforcement partners in the Police Service of Northern Ireland.

Speaking after the hearing, Anne Boylan, Principal Health & Safety Inspector said: “Our thoughts today are very much with Abbie’s family.

Whilst incidents involving children on farms occur less frequently than with adults, it is no less shocking that in the past 10 years, three children in Northern Ireland have sadly lost their lives in farm incidents.

Children are naturally inquisitive and are keen to help out around the farm. Their immaturity and lack of experience, however, means they do not always understand the risks around them, which tragically can result in serious or fatal incidents.

Farmers and others working in agriculture are reminded that children under 13 years of age are prohibited from operating any agricultural machinery.

All those involved in agricultural activities are advised to familiarise themselves with the relevant age restrictions and training requirements around the operation of agricultural machinery on farmland, and the relevant road licensing restrictions for driving agricultural vehicles on the public highway.”

Speaking on behalf of the Police Service of Northern Ireland, Detective Constable McAteer said: "Our thoughts and sympathies today remain with Abbie's family and friends as they continue to come to terms with her death.

"This was a tragic loss of a young life and serves as a salutary reminder of the dangers presented on a working farm, particularly when there is heavy machinery in use.

"While nothing can bring Abbie back, we hope that this case shows how important it is to exercise care and attention when farming."

Information relating to this can be found at the following links:

• Safety of children and young persons in agriculture Northern Ireland (Approved Code of Practice)
• Be Aware Kids - Child Safety on Farms Campaign
• Rules of the road reminder (www.ufu.org)

Notes to editors: 

1. Breaches and fines are as follows:
   Article 5(2) of the Health and Safety at Work (Northern Ireland) Order 1978; Fined £7,500
   Regulation 4(a) of the Agriculture (Safety of Children and Young Persons) Regulations (Northern Ireland) 2006; Fined £7,500
2. For media enquiries please contact HSENI Press Office on 028 9024 3249, or email media@hseni.gov.uk. For Out of Office Hours please contact the Duty Press Officer on 028 9037 8110

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