Weather
Family dismay over roof plunge verdict
From the archive, first published Friday 15th Sep 2006.
THE brothers of a man killed after falling 30ft from the roof of a farm building have spoken of their disappointment after an inquest recorded a verdict of misadventure.
Timothy Kynaston, 50, of Down Avon, Bradford on Avon, was an employee of Devizes based contractors T H White and died on July 20, 2004 after the fall at Manor Farm in Kingston Deverill.
At a four-day inquest held at Salisbury Coroner's Court, the jury heard Mr Kynaston had been servicing a corn dryer at the farm, which required him to cross a fragile asbestos roof along a narrow wooden plank, measuring nine inches wide.
On his second trip across the roof Mr Kynaston fell through a skylight onto the concrete below.
At the inquest the jury were given the option of recording a verdict of accidental death or misadventure after coroner Nigel Brookes removed the possibility of unlawful killing or a narrative verdict.
The Health and Safety Executive is now likely to take further action and there is also the possibility of civil proceedings.
Brother Chris Kynaston, 44, from Cheddar, who attended the hearing with two of his brothers, said: "It's a huge disappointment. We do not feel that the inquest process has served workplace deaths or us at all well. We feel the verdict is wrong and inadequate and doesn't describe the whole situation.
"As far as we are concerned, there is no difference between an accidental and misadventure verdict. We've waited two years to get all the details but we nor the jury were able to hear a lot of them because three of the principle witnesses chose not to answer so as not to incriminate themselves."
The court heard how Mr Kynaston had been particularly safety conscious and had been trying to change the culture of health and safety in the company.
On the day of the tragedy Mr Kynaston had concerns about the roof and his immediate manager Andrew Lee had warned him to be careful when crossing the plank but his concerns had not been recorded to anyone higher up the management chain.
The court also heard the company directors had not completed a risk assessment of the site but expected lower managers, without adequate health and safety training, to assess the area.
Summing up, Mr Brookes said: "(Mr Kynaston) was probably one of the most safety conscious employees T H White had at that time.
"He was not afraid of bringing matters to the attention of his employers. He was aware that he could have contacted people about the situation but he chose not to.
"It is ironic that it was the most safety conscious one who died on this particular occasion."
The jury concluded Mr Kynaston died from multiple injuries caused by the fall.
Verdict: Misadventure
Local Advertisers
Local Information
Enter your postcode, town or place name
