East Lothian farmer died after farm vehicle overturned and crushed him

A prominent East Lothian sheep breeder who died after being crushed to death by a farm vehicle may not have died if he was wearing a seatbelt, a sheriff has determined.

John Hamilton, 57, a former president of the Blackface Sheep Breeders Association and chief sheep steward of the Royal Highland Show, was operating a telehandler when there was a “sudden loss of control”.

The Dunbar-based farmer was killed on 24 March last year when the vehicle careered down a hill, before overturning, throwing him out and and crushing him, a Fatal Accident Inquiry heard.

Prior to the accident, the father of three had been using the telehandler to feed turnips to livestock on the 1,100 acre farm.

The inquiry heard that the incident itself was not witnessed, but that the vehicle had been driven up the steepest part of the farm before overturning.

Mr Hamilton died at the scene of the accident having suffered an “obvious crush injury to his chest” and was found underneath the vehicle by his son, the inquiry heard.

Evidence presented at the inquiry included that the telehandler had faulty brakes and that Mr Hamilton was not wearing a seatbelt at the time of the accident.

In a written judgement, Sheriff Fiona Tait determined that Mr Hamilton’s death “might realistically have been avoided” had he worn a seatbelt.

She wrote: “The purpose of an roll over protection structure (ROPS) is that, where the seatbelt is in use and the operator is restrained within his seat, he will be protected from being crushed by the weight of the vehicle in the event of an overturn.

“It is the opinion of HM Inspector of Health and Safety, Garry Miller that had Mr. Hamilton been wearing his seatbelt, he would not have been ejected from the cab and he may not have suffered fatal injury.”

The Sheriff added that the brakes on the telehandler were not in good working order at the time of the accident and were in a “poor state of repair”.

She said: “When the vehicle began to roll backwards down the hill, depression of the brake pedal would have generated braking force insufficient to stop it.”

The Procurator Fiscal, acting on behalf of the Crown, said the sequence of events that led to the death of Mr Hamilton was started by “nothing more than a momentary lapse or human error.

They said: “It is the Crown’s position that this was genuinely a tragic accident.”