Golf club found guilty over manager’s death
Man suffered fatal brain injury while working on course
HINCKLEY Golf Club is facing fines and costs running into thousands of pounds after a jury convicted the club of health and safety failures relating to the tragic death of a course manager.
Douglas Johnstone, 56, who was known as Dougie, died on the course four-and-a-half years ago.
He suffered a fatal brain injury when the branch of an already collapsed poplar tree, which had been blown over in a gale, struck him on the head while he was using a chainsaw without a safety helmet.
Leicester Crown Court was told that Mr Johnstone was not qualified to use the motorised saw, although club officials believed he was, according to his job application.
He was carrying out the work unaccompanied, after other ground workers had gone home for the day, as darkness closed in.
He died alone, and his body was found beside the tree, near the 14th hole, the following morning, on December 28, 2013.
The jury took seven-and-ahalf hours of deliberations to find the golf club guilty of three health and safety offences, between January and December 2013.
The club, which denied the allegations, was found to have failed to:
1. Ensure the health and safety of employees regarding a safe system of work for the management of trees.
2. Provide a sufficient risk assessment.
3. Provide adequate training in equipment, namely chainsaws.
The jury was told that the club was being prosecuted as a limited company, as it was legally responsible.
Although club directors had attended the hearing, they were not personally liable for prosecution, the court was told.
Judge Martin Hurst adjourned the hearing for sentencing to take place later this month.
He said he would have to consider the club’s financial position before deciding on the appropriate level of fine.
During the trial, Timothy Raggatt QC, prosecuting for Hinckley and Bosworth Borough Council , told the jury that Mr Johnstone had been course manager of the 18-hole golf club, on Leicester Road, Hinckley, since May 2011.
He said: “He died in what we suggest were preventable circumstances. There’s no suggestion anyone wanted or anticipated the death would happen.”
The court heard that Mr Johnstone had previously worked at the famous Wentworth golf course, before moving to Hinckley.
Mr Raggatt said: “An employer has a duty to ensure the safety
of employees at work and must satisfy that as far as reasonably practicable.
“The prosecution say Hinckley Golf Club ultimately failed Mr Johnstone in that duty.
“They didn’t do all that was reasonably practicable in the circumstances.
Mr Raggatt said the deceased was not qualified to use a chainsaw, despite claiming to have a certificate on his curriculum vitae – a matter Mr Raggatt said the club failed to check up on.
The defence argued that the club took reasonable health and safety steps, although officials had accepted, on face value, Mr Johnstone’s incorrect assertion he was chainsaw-trained.
After the verdicts, Steven Merry, environment services manager at Hinckley and Bosworth Borough Council, said: “The protection and safety of all employees should be paramount to every employer, no matter their position.”