A wealthy couple’s gardener who was killed at their £2.5million mansion was not given proper training or safety gear, a court heard.
Nicholas Prest, 71, a defence chief, and his wife Anthea, 70, face accusations of not adequately preparing gardener Paul Marsden for his duties, which resulted in his death by being crushed while working at their property near Llandogo, Monmouthshire, south Wales.
Mr Marsden, 48, who was from the Forest of Dean, had been employed by the couple since 2013.
The gardener had been using a quad bike to spray weed killer on the farmland surrounding their home when he fell and was killed in April 2020.
Prosecutor James Puzey said Mr and Mrs Prest ‘had a legal responsibility to ensure that the workers on their land were safe.’
Mr Puzey said the couple failed to do what they ‘would have and should have done’ to prevent the accident by not providing adequate training and PPE.
A Health and Safety Executive investigation, according to Mr. Puzey, determined that using the quad bike was dangerously unsafe and no appropriate safety measures had been put in place beforehand.
Mr Marsden was found dead on the grounds by another worker after failing to turn up for his mid morning coffee break and his lunch break.
Defence chief Nicholas Prest, 71 (pictured left) and his wife Anthea, 70 (pictured right) leaving court
Mr. Marsden, originally from the Forest of Dean, was using a quad bike to apply weed killer when he fell from it at the home owned by the couple in April 2020.
A colleague, engaged in cleaning the garden furniture near the couple’s swimming pool, eventually checked on Mr. Marsden around 1:30 pm and discovered him underneath a quad bike.
A post mortem examination revealed that he died of asphyxia.
Mr. Puzey informed the court that Mr. Marsden had not received training to operate the vehicle, lacked PPE, and the Prests had not verified the safety of the herbicide tank’s weight.
He said the land where the accident happened was also ‘relatively steep, with uneven and rough ground conditions.’
He said: ‘There were a series of factors here that would have increased the risk of an accident such as this happening.
‘Mr and Mrs Prest would have and should have done something to control that risk.’
Newport Crown Court was informed that Mr. Marsden had worked on the fields surrounding the Prests’ home, which they rented from a neighboring farmer for cattle grazing.
The Prests rented the 42.6 acres of farmland where Mr Marsden was found for £27,500 per term, and in turn received common agricultural funding payments for £16,651 in 2020.
The Prests have previously hosted a number of garden parties at the Pilstone House home as charity fundraising events. Pictured: mother-of-three Anthea Prest
Nicholas Prest, 71 (pictured) used to work for the Ministry of Defence before setting up his own companies and is now the chairman of defence technology giant Cohort
Pictured: the Prests’ garden at their luxury country home near Llandogo, Monmouthshire, south Wales
Former Ministry of Defence official Mr Prest and his mother-of-three wife do not face charges of manslaughter.
But they are each accused of two charges under the Health and Safety at Work act in relation to Mr Marsden’s death, including failing to check that workers had protective equipment and that the quad bike was safe to use.
One charge states the Prests didn’t check if workers, including Paul Marsden, were ‘exposed to risks arising from the failure to provide suitable and sufficient training and plant and personal protective equipment when using all-terrain vehicles.’
The other charge stated that the couple ‘failed to take such measures as it was reasonable for you to take to ensure, so far as was reasonably practicable, that plants provided for use, namely that an all-terrain vehicle, was safe and without risk to non-employees, namely Paul Marsden, for use on the premises.’
Keith Morton KC, defending, said Mr Marsen had been working on a self-employed basis and at his own risk.
Mr Prest previously worked for the MoD before setting up his own companies and is now the chairman of defence technology giant Cohort.
He lives with his wife Anthea at the sprawling countryside house close to the village of Llandogo, in Monmouthshire, which overlooks the River Wye and across into the Forest of Dean.
The couple have previously hosted a number of garden parties at the Pilstone House home as charity fundraising events for causes such as the NHS and Ukraine.
The trial, at Newport Crown Court, continues.
