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Apple farm boss Andrew Stocker guilty of manslaughter | Apple farm boss Andrew Stocker guilty of manslaughter |
(35 minutes later) | |
A farm manager has been convicted of the manslaughter of two workers who died after being sent into a storage tank while holding their breath. | A farm manager has been convicted of the manslaughter of two workers who died after being sent into a storage tank while holding their breath. |
Scott Cain and Ashley Clarke suffocated in the nitrogen-filled apple container, where the oxygen level was 1%. | Scott Cain and Ashley Clarke suffocated in the nitrogen-filled apple container, where the oxygen level was 1%. |
They were trying to retrieve apples for an agricultural competition. | They were trying to retrieve apples for an agricultural competition. |
Andrew Stocker, who was boss of the fruit farm at Tory peer Lord Selborne's Hampshire estate, had encouraged the practice nicknamed "scuba diving". | Andrew Stocker, who was boss of the fruit farm at Tory peer Lord Selborne's Hampshire estate, had encouraged the practice nicknamed "scuba diving". |
The two men got in through a small hatch in the roof of the sealed container. | The two men got in through a small hatch in the roof of the sealed container. |
'Kudos of winning' | 'Kudos of winning' |
Stocker, 57, of The Links, Whitehill, Bordon, Hampshire, had denied manslaughter, but admitted exposing the men to a risk of death. | Stocker, 57, of The Links, Whitehill, Bordon, Hampshire, had denied manslaughter, but admitted exposing the men to a risk of death. |
He was on holiday in the Maldives at the time of the men's deaths, but had left instructions. | He was on holiday in the Maldives at the time of the men's deaths, but had left instructions. |
Mr Cain, 23, and Mr Clarke, 24, who were both assistants at the farm at the Blackmoor Estate in Liss, were found lying on crates of apples. | |
Colleagues and paramedics attempted to revive them, but were unsuccessful and both men were declared dead at the scene. | Colleagues and paramedics attempted to revive them, but were unsuccessful and both men were declared dead at the scene. |
Mark Dennis QC, prosecuting during the trial at Winchester Crown Court, said anyone entering the unit would "die immediately" once they ran out of air. | Mark Dennis QC, prosecuting during the trial at Winchester Crown Court, said anyone entering the unit would "die immediately" once they ran out of air. |
The apples were stored for preservation in nitrogen gas. | The apples were stored for preservation in nitrogen gas. |
Mr Dennis said accepted practice in the industry for gathering samples was to use a net to hook out the fruit. | Mr Dennis said accepted practice in the industry for gathering samples was to use a net to hook out the fruit. |
The apples the men were looking for were to be entered in the Marden Fruit Show in Kent. | The apples the men were looking for were to be entered in the Marden Fruit Show in Kent. |
Mr Dennis said: "Andrew Stocker was a keen participant in this competition and took pride in his entries. | Mr Dennis said: "Andrew Stocker was a keen participant in this competition and took pride in his entries. |
"Financial prizes were very modest; however, it was the kudos of winning that was more important. | "Financial prizes were very modest; however, it was the kudos of winning that was more important. |
"The defendant knew that the only way the best samples could be gathered is for someone to enter from the top hatch and make a selection of fruit." | "The defendant knew that the only way the best samples could be gathered is for someone to enter from the top hatch and make a selection of fruit." |
Mr Cain was 23, engaged and had a young child, and had been working at Blackmoor Estates since 2009 as a pack house assistant. | Mr Cain was 23, engaged and had a young child, and had been working at Blackmoor Estates since 2009 as a pack house assistant. |
Mr Clarke, 24, who was also engaged, had been working as an assistant checking the quality of fruit for eight months. | Mr Clarke, 24, who was also engaged, had been working as an assistant checking the quality of fruit for eight months. |
His parents Ian and Sharon Clarke described the trial as "emotionally draining". | His parents Ian and Sharon Clarke described the trial as "emotionally draining". |
In a statement, they said "collecting apples from confined atmosphere units with virtually no oxygen" was not a "safe and acceptable practice". | In a statement, they said "collecting apples from confined atmosphere units with virtually no oxygen" was not a "safe and acceptable practice". |
"Whilst we recognise [Mr Stocker] is not a bad man and did not mean to harm Ashley, his negligent actions led to his death. | "Whilst we recognise [Mr Stocker] is not a bad man and did not mean to harm Ashley, his negligent actions led to his death. |
"We as a family... will be serving a life sentence as we try to come to terms with the loss of a son and brother who we shall never see again," the statement said. | "We as a family... will be serving a life sentence as we try to come to terms with the loss of a son and brother who we shall never see again," the statement said. |
Adrian Barlow, chief executive of English Apples & Pears Ltd, which represents apple growers throughout the UK, said the industry was "appalled and shocked" by the "tragic incident". | Adrian Barlow, chief executive of English Apples & Pears Ltd, which represents apple growers throughout the UK, said the industry was "appalled and shocked" by the "tragic incident". |
He said: "There has always been a golden rule that you should never enter a controlled atmosphere store until it has been fully vented and the oxygen level has risen above 19.5%." | He said: "There has always been a golden rule that you should never enter a controlled atmosphere store until it has been fully vented and the oxygen level has risen above 19.5%." |
All operatives had reviewed their operating procedures, equipment, and security since the deaths, he said. | All operatives had reviewed their operating procedures, equipment, and security since the deaths, he said. |
Det Sgt Rich Sellwood, of Hampshire Constabulary, said the deaths were "completely avoidable". | Det Sgt Rich Sellwood, of Hampshire Constabulary, said the deaths were "completely avoidable". |
He added: "It is a tragedy for all involved. We hope that lessons will be learned that prevent this from ever happening again." | He added: "It is a tragedy for all involved. We hope that lessons will be learned that prevent this from ever happening again." |
It can now be reported that Blackmoor Estate Ltd pleaded guilty to three offences related to contravening health and safety regulations in January. | |
The company and Stocker will be sentenced on 1 July. |