The uncle of a four-year-old boy who died from a catastrophic brain injury after he fell from a footplate and was struck by a JCB loader, has been handed a suspended prison sentence.

Brian Nutter, 51, appeared at Wigan Magistrates Court on Monday after the Health and Safety Executive brought a case against him following his nephew, Harry Lee's death.

Harry died on July 8, 2019 at his family farm, Sabden Old Hall Farm on Well Head Road, Newchurch-in-Pendle, when he fell from the footbplate of the JCB, which was being driven by Nutter.

The court heard how Nutter, of Spenbrook Road, had pleaded guilty at the first opportunity to contravening the Health and Safety at Work Act 1974 in relation to children under the age of 13 and their safety in agricultural settings. 

Prosecuting on behalf of the Health and Safety Executive, Peter Hayes told the court: "Harry lived on the farm with his mother Sarah and grandmother, Ruth, and saw his father, Martin every other weekend. 

"Harry wanted to be involved with all aspects of farming life from the moment he could walk.

"He had a very close relationship with Nutter and on the morning of July 8 had been out early with his mum, before returning to the farm and as soon as he got back he got changed and went to help his uncle Brian.

"On the JCB there was a single seat and nowhere for any other passenger to sit inside or outside of the cabin.

"There was a small step and hand rail on the left hand side of the cabin. There was nowhere for Harry to sit so he stood on the step and held on as Brian drove the short distance from the farm to the field."

The court heard how Nutter made a turn and Harry fell from the step and went under the rear wheel.

He carried Harry back to the farm and an ambulance was called but it was clear he had sustained fatal injuries.

The incident was reported to the Health and Safety Executive and an inspector was sent out to the farm, where it was found regulation three of the Prevention of Accidents to Children in Agriculture had been breached.

The inspector found that the machine was not designed to carry passengers and that Harry was at an increased risk of falling from the machine as a passenger. 

It was also noted the machine did not have a functioning seatbelt, there was no door on the cabin, and the step that Harry had been standing on had a dent in it which decreased the area available to stand on. 

Mr Hayes said: "The inspector said there was no way to tell how Harry fell from the machine so it was impossible to say if the problems with the machine contributed to the incident but they would have increased the risk of a passenger being involved in an accident.

"Harry should not have been riding on the loader at all."

The court was told how the inspector had to serve a number of enforcement notices and give training to all of the farm workers in how to use quad bikes, and also told Nutter to undertake formal training on how to use the JCB loader, as this had not been carried out, despite him being more than capable of operating the machine. 

Nutter told inspectors that all the children on the farm used the tractors and been passengers on them from a young age and that this was not unfamiliar in the farming community. 

Mr Hayes added: "This has had a profound impact on Mr Nutter and the rest of the family and this is a tragic and sensitive case for everyone involved.

"It is unique in that the prosecution and defence are in agreement on how the sentencing guidelines should apply in this case."

The court heard how there had been multiple character witnesses provided on Nutter's behalf, many of which were glowing, and spoke of his upstanding character and his work within the community. 

Defence solicitor, Lee Hughes, told the court that Nutter, who has no previous convictions, was co-operative with the investigation from the start and had been open and honest with the Health and Safety Executive, not just in terms of this incident but about the culture on farms and how children were exposed to risk.

Mr Hughes said: "He has been described as a father figure, not just to Harry but to others too. He helped set up the Pendleside Tractor Run and is involved in the young farmers events, and is clearly a man who gives time to his community.

"He treated Harry as his own son. He accepted he was guilty of the offence and he takes full responsibility.

"The remorse he expressed in his interview was tangible, he expressed tremendous sorrow, was devastated and hugely tormented with remorse. 

"There can be no greater sentence imposed on Brian Nutter than the sentence he imposes on himself and that will continue to live with him till the end of his days.

"He lost a nephew but also a friend in Harry's father.

"Giving him an opportunity to continue living in the community will also give him an opportunity to continue to spread the message that he has started to spread about the dangers of allowing children on farm machinery."

Statements from Harry's parents, Sarah and Martin spoke of their continuing suffering as a family, with Sarah saying she did not wish for her brother to be prosecuted but understood there was an investigation that needed to be carried out. 

She said that she took some of the responsibility of allowing Harry to travel on the farm vehicle.

Her statement read: "Harry idolised his uncle Brian and thought of him as a father figure. He saw Brian every day, they had a very special bond.

"We have supported each other through the grief we are all suffering in so many different ways I can't describe.

"I hope the effects of Harry's accident will change the attitudes of people living on farms to make them think about the dangers."

Martin's statement read: "Harry's death left a hole in our lives that can't be filled. We are learning to live with the grief but our lives will never be the same again."

District Judge Mark Hadfield sentenced Nutter to 26 weeks in prison suspended for 18 months and ordered him to carry out 250 hours of unpaid work and pay costs of £5,276.53.

He said: "There's no getting away from the fact that this has resulted in the loss of the life of your nephew.

"No sentence whatever time or length can make up for the profound loss.

"The impact on you is nothing compared to the impact on Harry's mother and father."