Farmer given suspended sentence after man killed by cattle in 2020

A Yorkshire farmer has avoided an immediate prison sentence after his cattle trampled a man to death and left his wife paralysed in an incident four years ago.

Martin Mitchell was given a six-month custodial sentence, suspended for 12 months, following the incident on his farm in Netherton in September 2020.

Michael Holmes, 57, had been walking on a public footpath with his wife Teresa and their dogs when they entered a field containing cows and calves on Hollinghurst Farm.

According to a Health and Safety Executive (HSE) investigation, the farmer made no attempts to segregate the cows and calves from the footpath and the couple were attacked and trampled by the cattle.

Mr Holmes suffered fatal injuries and died at the scene while his wife sustained life changing injuries that have left her confined to a wheelchair.

Their two dogs, still attached to their leads, had managed to escape and were later found by one of the couple’s neighbours.

Their tragic story shone a light on the dangers of cattle for dog walkers and farmers alike.

In a victim personal statement, Mrs Holmes said: “Having to cope with two traumas has been very difficult – losing Michael and suffering life changing injuries.

“I sustained a spinal cord injury which left me paralysed from the waist down. I now have to use a wheelchair. This has transformed my life beyond anything I could ever imagine.

“The course of my life, and my late husband’s, has been thrown into great turmoil as a result of the farmer’s negligence.”

An investigation by the HSE found that Martin Mitchell had failed to ensure that the risks to members of the public were controlled.

This included that, where possible, cows with calves were suitably segregated from the public footpath.

After the hearing, HSE inspector Sally Gay said the tragic incident could easily have been avoided if basic precautions had been taken by the farmer.

She said: “Seemingly docile cattle can pose a risk to walkers when they are under stress or feel threatened, and can exhibit instinctive maternal or aggressive behaviour.

"Readily available HSE guidance states that, where possible, cows with calves should not be grazed in fields where there is a public right of way.

“Where this is not possible they should be segregated from the footpath by appropriate fencing where it is reasonable to do so.”