Netherton Wakefield: Cows trample man to death in field leaving wife paralysed

Michael Holmes, 57, suffered fatal injuries in the horrific incident at Hollinghurst Farm in Netherton - and his wife Teresa was left paralysed.

Almost four years later, farmer Martin Howard Mitchell has been handed a six-month custodial sentence, which was suspended for 12 months.

Mitchell, of Netherton, Wakefield, pleaded guilty to breaching Section 3(2) of the Health & Safety at Work etc Act 1974.

As well as the sentence, he was also ordered to pay a fine and costs.

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It comes after an investigation by the Health and Safety Executive (HSE) found that Mitchell had failed to ensure risks to members of the public were controlled.

These risks included cows with calves being suitably segregated from the public footpath where possible.

On September 29, 2020, Michael Holmes had been walking along the footpath with wife Teresa and their dogs when they entered the field with cows and calves.

They were attacked and trampled by the cattle. Mr Holmes died at the scene, while his wife sustained life changing injuries that have left her confined to a wheelchair as well as requiring extensive rehabilitation therapy and major adaptations to her home.

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

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.”

After the hearing, HSE inspector Sally Gay said: “Large animals can be a risk to people. Even a gentle knock from a cow can result in injury.

“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. 

“This tragic incident could easily have been avoided if basic precautions had been taken by the farmer.

“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.”

The prosecution was brought by HSE enforcement lawyer Andy Siddall.

Key considerations provided by HSE for farmers and landowners include:

• where possible avoid putting cattle, especially cows with calves, in fields with public access.
• do all that they can to keep animals and people separated, including erecting fencing (permanent or temporary) e.g. electric fencing.
• Assess the temperament of any cattle before putting them into a field with public access.
• Any animal that has shown any sign of aggression must not be kept in a field with public access.
• Clearly sign post all public access routes across the farm. Display signage at all entrances to the field stating what is in the field (cows with calves / bulls).