The death of a groundworker buried alive when a trench collapsed on him on a building site was a tragic accident, an inquest jury decided today.

The hearing had been told how young dad-to-be Callum Osborne suffocated under a mound of soil in Bridgefield Road, Swalecliffe, where two bungalows were being built.

During the six-day hearing in Sandwich, a council inspector branded the site "dodgy" because the five-foot trench in which the 24-year-old was standing was not shored up.

But following a submission from the Health and Safety Executive, the coroner ruled out unlawful killing as a possible verdict, saying the evidence did not meet the test.

The inquest heard how rescuers had clawed at the soil for 15 minutes in a bid to free Mr Osborne, who had been crouching down when the trench collapsed on April 7, 2011.

But when he was finally free, it was too late and he could not be revived. A post-mortem examination confirmed Mr Osborne, who lived in City Wall, Canterbury, died from traumatic asphyxia.

Among those trying to rescue him was groundworks company boss Wayne Cooper, who had been operating a digger nearby.

Earlier, the construction boss said he heard a scream and panicked. He switched off the digger he was operating and tried to get Callum out with his bare hands.

Mr Cooper., from Minster near Ramsgate, said: "I jumped out of the machine and ran round. I could hear screaming coming from under the earth.

"I was in shock and panicking. The whole of the right side of the trench had collapsed.

"I could hear screaming coming from under the earth. I was in shock and panicking. The whole of the right side of the trench had collapsed..." - Wayne Cooper

"It was like a wave breaking on the trench. I kept going until the emergency services arrived.

But he refused to answer any questions from the Health and Safety Executive about safeguards taken at the site, simply responding "no comment".

Earlier in the hearing, Callum's colleague Gareth Lowery broke down as he told the jury how he fled in terror when the tragedy unfolded.

He said: "Wayne started screaming for help. As soon as I realised what was happening I ran, I panicked. Wayne said 'the mud's collapsed on Callum'.

"He asked me to help and I couldn't. It was obvious what had happened. I ran to my van and I was just shaking."

Turning to Callum's relatives in the front row of the court, Mr Lowery said: "I'm so sorry I ran away.

Despite apparent safety failings, coroner Roger Hatch advised the jury they should only consider an open verdict or conclude it was an accidental death.

Colette Osborne, who gave birth to her partner's baby daughter just a month after his death, previously criticised the delays in concluding the inquest.

A previous hearing had to be abandoned because there were not enough jurors and the coroner concluded this week's hearing by apologising to the family for the delays.

He said: "I can only apologise for the time it took for this inquest to be finally heard through no fault of the family."

It is understood the Health and Safety Executive will be taking a fresh look at the case in the light of the verdict.

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