More Bad Press

[Fartoomuch 1,376]

Horse trainer's 'grossly irresponsible' actions led to boy being run over - judge

 

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STUFF

Horse trainer Phillip Benjamin Burrows has been ordered to pay emotional harm reparations after he admitted exposing a 10-year-old boy to the risk of death or serious injury.

 

A judge has queried how a Canterbury horse trainer could be so stupid after his "grossly irresponsible" actions led to a boy being run over.

Christchurch District Court Judge Gary MacAskill said Phillip Benjamin Burrows had a high level of culpability for the accident at a Fernside, North Canterbury training track, where the 10-year-old fell under the wheels of a water truck as it drove along.

The judge said he could not understand how someone in that situation could be so stupid. 

The boy suffered multiple fractures, a collapsed lung and a hernia and spent a month in hospital. He had made a "remarkable but incomplete recovery", Judge MacAskill said.

The boy was a friend of Burrows' son, and the pair were playing around the truck – climbing on and off – as it moved slowly along on April 28, 2016.

"You knew the boys were getting on and off the truck and in close proximity to it. Your attitude must be condemned as grossly irresponsible. You took risks with the lives of the boys," the judge said.

The prosecution was a first under the revamped health and safety legislation, which was introduced in 2015.

Burrows clearly had no appreciation of what could have happened if there had been a slip, miscalculation or skylarking, he said.

In July Burrows pleaded guilty to the Worksafe New Zealand charge that he exposed a person to the risk of death or serious injury at his workplace or enterprise. 

Before his sentencing on Wednesday, defence counsel Andrew McCormick filed submissions and an affidavit that Burrows had the means to pay reparations at about $100 a week.

 

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Worksafe prosecutor DeAnne Brabant said it was the first sentencing of its type, where an individual had been prosecuted under the Health and Safety at Work Act 2015.

She asked that Burrows be ordered to pay a contribution towards setting up a family trust for the money the victim would receive.

McCormick said: "Mr Burrows wanted me to express his absolute abject horror at what happened."

His horse training business was continuing, but "the scale of his operation had decreased somewhat because of his own psychological state".

The boy was airlifted to Christchurch Hospital where he underwent surgery and was admitted to the intensive care unit.

Judge MacAskill noted Burrows was a first offender. He was seen as being a trustworthy and reliable family man of integrity and with a good reputation.

He noted that from Burrows had sometimes let children play around the water truck as it moved along slowly "without a second thought".

He ordered Burrows to pay emotional harm reparations, which would be held in trust for the boy, totalling $25,000. Burrows would pay $2000 immediately and the rest by instalments.

He also ordered reparations for the boy's parents of $226 – the cost of their parking at Christchurch Hospital – which was all they asked for and $500 to set up the trust.

The judge said Burrows did not have the means to pay a fine as well as reparations, so he did not impose one.

 - Stuff

[eljay 1,720]

I don't see this as "Bad Press".    More like "Good Press".      Yes, the incident was "bad" but it has been reacted to swiftly for the "Good" of the Industry.

[Basil 333]

1 hour ago, eljay said:

I don't see this as "Bad Press".    More like "Good Press".      Yes, the incident was "bad" but it has been reacted to swiftly for the "Good" of the Industry.

I admire your optimism, but don't share it.  When a judge describes a prominent trainer as "stupid" and "grossly irresponsible", the only impression left in the mind of the general public is that the average harness racing IQ is not only low, but also lacking in common sense.  The best that can be hoped is that hardly anybody notices and it quickly disappears into the bowels of the internet.

 

[MalcolmH 40]

What ever happened to common sense. Yes the trainer was in the wrong but do these kids have no common sense or are the parents to stupid to say what they were doing was wrong and share the blame. Once again someone else has to pay for some idiots stupidity.

[Shad 1,559]

Remember over the years how many trucks loaded with hay we used to ride as youngsters, these days seems like there is no such thing as an accident, its all a blame game and who can they hold responsible, many people and kids get killed on our roads over the years, but people still drive cars.

[Basil 333]

3 hours ago, Flagship uberalles said:

Its hardly a big name in harness racing, an unfortunate accident that I'm sure Mr burrows wouldn't have forseen, but with health and safety and the fact kids have to be kept in cotton wool it could happen on any farm in nz where tractors, trucks and machinery are used....hardly a blight on the greater harness racing industry.

I'm afraid you're missing the point.  The typical member of the public wouldn't know the difference between Mark Purdon and Joe Bloggs --- all he'll read is that it was a 'horse trainer'. And that will just reinforce his prejudices about the industry.

[Fartoomuch 1,376]

5 hours ago, Flagship uberalles said:

The average Jo public, wouldn't know the difference between harness racing and thoroughbred racing, and I don't think the general public has a bad opinion of racehorse trainers. 

You need to change your medication if you believe what you posted