Market fined £75,000 after escaped cow killed man

The operators of a cattle market have been ordered to pay more than £82,000 in fines and costs for health and safety failings after an escaped cow killed a 75-year-old man.

Huw Evans died in hospital from multiple injuries six days after being trampled by the animal that escaped from Whitland livestock market in Carmarthenshire in November 2022.

David Arwel Thomas of JJ Morris Limited, which operates the mart, had previously pleaded guilty to failing in its health, safety and welfare duty to an employee, and failing in the firm’s duty to the safety of the wider public.

Co-director John Nicholas was also at Llanelli Magistrates Court and the pair were ordered to pay fines of £75,000, with £5,047 costs and a £2,000 surcharge.

Anthony Vines, for the Health and Safety Executive, said there were “no physical measures” at the mart to prevent a cow escaping.

Mr Vines said guidance from the livestock auctioneers’ association suggested all livestock markets should have cattle grids or fencing.

The firm had employed a risk management consultant in February 2022, before the incident, but no feedback had been provided on the recommendations until after 29 November 2022.

A cattle grid and fencing have been installed at the mart since the fatal incident which cost between £60,000-£70,000.

The cow, owned by Paula Wilson, was eventually shot by police.

The nine-year-old red Limousin cross breed escaped from the mart while being unloaded from a trailer.

Alun Williams, for the firm, said the cow should not have been delivered to the mart as it was in an “extremely agitated state” and was “aggressive".

He said the company had “been in operation for many years and took their obligation to the local community seriously".

He said both the directors wanted to express their “condolences and sympathy” to Mr Evans's family.

He said the company, founded in the 1950s, employed more than 60 people, with 35 employed at the Whitland site. This was the first reported accident since the mart at Whitland was taken over by JJ Morris in 1992, although a cow had escaped into a nearby recycling site at the end of 2021 before being safely captured.

Mr Williams said the firm had dealt with a million head of cattle during the operation of the Whitland mart.

The site is owned by a local farmers' cooperative and leased to JJ Morris.

He said the firm had “embarked on a journey to improve procedures” since the death, there had been improved training and investment in the site, and the company accepted “full responsibility” for what had happened.

Mr Evans, a retired council worker, was crossing the road when he was attacked by the cow.

The court heard that multiple members of mart staff had tried to stop and control the cow.

The cow struck one employee, who suffered injuries to his leg, before making its way outside and hitting Mr Evans near the Co-op store.

Mr Evans was airlifted to the University Hospital of Wales in Cardiff and died six days later of multiple serious injuries.

In a statement after his death, he was described by his family as a "loved Dad, Dad-cu, brother, uncle and friend to many."

In a victim impact statement read to the court by Mr Vines, his son Dafydd John Evans said he has lost his “best friend” and that he “missed him terribly.”

He added that he had been “taken too soon”.

The court heard that many local people who knew him had lined the route for his funeral. His family were in court for the sentencing.

HSE inspector Rhys Hughes said in a statement: "This tragic incident was foreseeable and preventable.

"The risk posed by cattle escaping from the livestock mart should have been identified, and effective control measures implemented.

"The case highlights the importance of following industry guidance, which is readily accessible and outlines the requirements to safely manage cattle."