A judge has blasted council chiefs for a “lamentable and systematic” failure of duty.

The comments follow a decision to fine Medway Council £75,000 after a groundsman had two fingers amputated following an horrific accident at Deangate Ridge Golf Club.

Council chiefs are considering whether to appeal, saying safety systems have been overhauled in the two years since the incident.

Donald Brown’s fingers became entangled in a mower as he investigated a suspected oil leak. Maidstone Crown Court heard a safety cut-out switch was covered in grass and debris, and a loose bolt made it inoperative.

At the time of the accident in September 2006 Mr Brown, who was acting head greenkeeper at the sports complex, was trying to turn a raised cylinder on the mower by hand when he instructed a colleague to start the machinery.

The investigation

The court heard the safety switch, if working properly, should have prevented the cylinder from mechanically rotating when lifted off the ground. The investigation was led by the Health and Safety Executive.

Inspector David Fussell, said:“The Council was aware of the danger of unguarded machinery and had been advised in the clearest terms by consultants.

"Their failure to act on this advice was a major contributory factor towards this incident.

"It is further clear that there was a systemic failure to train staff and to provide maintenance of the machinery.

"There were no risk assessments for the mower, which regretfully is proven by Mr Brown’s case, and ultimately affected the safety of the employees.”

Mr Brown, who had received no maintenance training, had to have the two fingers on his right hand amputated at the knuckles.

Judge David Griffith-Jones QC said the local authority had “lamentably and systemically” failed in its duty to ensure there was a sensible maintenance regime, training and risk assessment procedures at Deangate Ridge.

He said the mowing equipment had been allowed to get into a highly dangerous state. “From the various failures it is quite clear that any number of different types of accident were waiting to happen,” the judge added.

The court heard that two reports in 2003 and 2005 had flagged up the need for risk assessment, maintenance schedules and training.

Judgement

But Judge Griffith-Jones said the fact these recommendations had either not been acted upon or “acted upon sufficiently” was a seriously aggravating feature.

“This, in my judgement, reveals a level of incompetence which must have been endemic and most unfortunate,” he said.

Medway Council was also ordered to pay court costs of £6,761. It had admitted breaching the Health and Safety at Work Act and was committed to the crown court for sentence by the magistrates.

The court heard Mr Brown has since returned to work and has been involved in developing safety procedures.

Medway Council statement

“This incident, which the council very much regrets, happened two years ago. The council carried out its own investigation and put a number of systems in place to ensure it could not be repeated.

“The grounds maintenance service is now quality assured and operates under completely new systems. This kind of accident simply could not happen again.

“The employee still works for Medway Council and played a part in introducing the new health and safety measures now in place. We do not accept that this isolated incident is in any way representative of the council’s normally high standards.

“The council pleaded guilty to the charge but is taking legal advice as to whether or not to appeal against the level of the fine.”