A West Yorkshire farmer has avoided an immediate spell behind bars after his cattle trampled a man to death and left his wife paralysed.

Martin Howard Mitchell was given a six-month custodial sentence, which was suspended for 12 months following the incident on a farm in Netherton, Wakefield.

Michael Holmes, 57, had been walking on a public footpath with his wife Teresa and their dogs on 29 September 2020 when they entered a field containing cows and calves on Hollinghurst farm. The farmer had made no attempts to segregate the cows and calves from the footpath and the couple were attacked and trampled by the cattle.

Mr Holmes suffered fatal injuries and died at the scene while his wife sustained life changing injuries that have left her confined to a wheelchair as well as requiring extensive rehabilitation therapy and major adaptations to her home. Their two dogs, still attached to their leads, had managed to escape and were later found by one of the couple’s neighbours.

Their story shone a light on the dangers of cattle for dog walkers and farmers alike.

In a victim personal statement, Mrs Holmes said: “Having to cope with two traumas has been very difficult – losing Michael and suffering life changing injuries.

“I sustained a spinal cord injury which left me paralysed from the waist down.

“I now have to use a wheelchair. This has transformed my life beyond anything I could ever imagine.

“The course of my life, and my late husband’s, has been thrown into great turmoil as a result of the farmer’s negligence.”

An investigation by the Health and Safety Executive (HSE) found that Martin Mitchell had failed to ensure that the risks to members of the public were controlled, including that, where possible, cows with calves were suitably segregated from the public footpath.

Cows are known are known to be protective of their calves and unpredictable.

Key considerations for farmers and landowners include:

• where possible avoid putting cattle, especially cows with calves, in fields with public access.
• do all that they can to keep animals and people separated, including erecting fencing (permanent or temporary) e.g. electric fencing.
• Assess the temperament of any cattle before putting them into a field with public access.
• Any animal that has shown any sign of aggression must not be kept in a field with public access.
• Clearly sign post all public access routes across the farm. Display signage at all entrances to the field stating what is in the field (cows with calves / bulls).

Martin Howard Mitchell of Netherton, Wakefield pleaded guilty to breaching Section 3(2) of the Health & Safety at Work etc Act 1974. In addition to his suspended sentence he was also ordered to pay a fine and make a contribution towards costs.

After the hearing, HSE inspector Sally Gay commented: “Large animals can be a risk to people. Even a gentle knock from a cow can result in injury.

“Seemingly docile cattle can pose a risk to walkers when they are under stress or feel threatened, and can exhibit instinctive maternal or aggressive behaviour.

“This tragic incident could easily have been avoided if basic precautions had been taken by the farmer.  Readily available HSE guidance states that, where possible, cows with calves should not be grazed in fields where there is a public right of way.

“Where this is not possible they should be segregated from the footpath by appropriate fencing where it is reasonable to do so.”

The prosecution was brought by HSE enforcement lawyer Andy Siddall.

Notes to Editors:

1. The Health and Safety Executive(HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. More information about the legislationreferred to in this case is available.
3. Further details on the latest HSE news releasesis available.
4. Advice for farmers, landowners and other livestock keepers on dealing with the risks posed by cows with calves is available.

• Woman left with broken ribs and life-changing internal injuries

A woman and her friend had to climb up a tree to escape an attack by more than a dozen cows on a public right of way in North Yorkshire.

Janicke Tvedt and David Hood had set out on a popular circular walk from Masham with pet Labrador Goose, who was on his lead, on 25 July 2021. Part of their walk took them across the fields and public rights of way near Shaws Farm.

The farmer responsible has been prosecuted by the Health and Safety Executive (HSE) as a result. Advice and guidance for farmers, landowners, and other livestock keepers is available.

After entering a field off Foxholme Lane, the pair noticed several cattle in a field the path cut across, including cows with calves, so decided to give them a wide berth, passing through a narrow opening in a hedge. However, as they did, they then spotted a lone cow with two calves, and within seconds their dog was attacked.

Although they all managed to get away, they were soon cornered by other cows and 57-year-old Ms Tvedt was knocked to the ground and trampled. She was helped up by her friend, but at a nearby tree they found themselves surrounded by around 15 cows and had to climb a tree to escape a further attack.

Ms Tvedt was airlifted to hospital suffering seven broken ribs, hoof marks on her chest and legs, a broken thumb, and life changing severe internal injuries that required emergency surgery. She remains severely restricted in her mobility almost three years on, but is keen to share her experience to help raise awareness of the dangers posed by cattle in fields with public rights of way.

“I had the imprints of hoof marks, bruises, cuts and grazes all over my body,” she said.

“I was convinced that if I fell asleep, I would never wake up.

“I still have anxiety when on walks in the countryside and am always on alert for the presence of cattle.

“We live in a rural community and there are lots of footpaths around the fields in the area and I do not want other peoples lives to be at risk.

“I want to ensure the emphasis of my story is to improve awareness of the dangers of cows, particularly those in fields with footpaths.

“I am determined not to take on the mantle of being a victim as it’s disempowering.”

An investigation by the Health and Safety Executive (HSE) found that livestock were being kept in a field with a public right of way across it and insufficient measures were taken to protect members of the public from cattle and calves. A sign warning the public of the cattle had been destroyed and not replaced.

Cows are known are known to be protective of their calves and unpredictable. They can pose a risk to walkers, especially to those with dogs.

Key considerations for farmers and landowners include:

• where possible avoid putting cattle, especially cows with calves, in fields with public access.
• do all that they can to keep animals and people separated, including erecting fencing (permanent or temporary) e.g. electric fencing.
• Assess the temperament of any cattle before putting them into a field with public access.
• Any animal that has shown any sign of aggression must not be kept in a field with public access.
• Clearly sign post all public access routes across the farm. Display signage at all entrances to the field stating what is in the field (cows with calves / bulls).

Martin Falshaw of Falshaw Partners, Shaws Farm, Swinton, Ripon, North Yorkshire pleaded guilty to breaching Section 3 (2) of the Health & Safety at Work etc Act 1974. He was fined £770.50 and ordered to pay £4,539 in costs.

After the hearing, HSE principal inspector Howard Whittaker said: “The injuries sustained by Janicke have been devastating and completely changed her life.

“However, given the nature of the attack, the end result could have been far worse and resulted in two people losing their lives.

“Public knowledge – and concern – is increasing about how dangerous cattle can be. We completely echo the countryside code which urges walkers to beware of the dangers. On this occasion, the pair tried to stay well away.

“Cattle are extremely protective of their calves and even calm cattle can become aggressive if they think the calves may, in any way, be threatened, even by members of the public walking past.

“Where possible, farmers should avoid putting cattle, especially cows with calves, in fields where members of the public have a legal right to walk.

“Had Martin Falshaw followed this advice, or effectively segregated the cattle, this incident could have been prevented.”

This prosecution was brought by HSE enforcement lawyer Rebecca Schwartz and supported by paralegal officer Lucy Gallagher.

Notes to Editors:

1. The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported by globally recognised scientific expertise.
2. More information about the legislation referred to in this case is available.
3. Further details on the latest HSE news releases is available.
4. Advice for farmers, landowners and other livestock keepers on dealing with the risks posed by cows with calves is available