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Founding member of ELO killed by falling half-ton hay bale 'which had been left halfway up steep slope' by farming contractor
By LEON WATSON PUBLISHED: 15:26 GMT, 8 November 2012 | UPDATED: 18:48 GMT, 8 November 2012
A founder member of the Electric Light Orchestra was killed in a freak accident when a half tonne hay bale rolled down a steep field into his vehicle, a court heard today. Mike Edwards, 62, was a former cellist with the 1970s ELO band, and was killed in September 2010 when the bale rolled down the grass field, through a wire fence and thin hedge into the path of his van as he drove along a busy A road in Devon. Yesterday the farmer and an agricultural contractor both went on trial each charged with two health and safety offences, which they both deny.
On trial: Brian Burden (left) and Russell Williams arrive at Plymouth Crown Court, Devon, over the death of ELO member Mike Edwards
As the case began at Plymouth Crown Court, the trial judge Paul Darlow told the jury: 'The deceased person driving the van was someone who was, certainly to some of us of a certain generation, quite a well known musician.'Prosecutor Rupert Lowe told the jury: 'The case arises out of a fatal accident which took place two years ago in September 2010.'It was 3rd September just before lunchtime when a man called Mike Edwards was driving along the A381 near Halwell in Devon when a large round bale of hay weighing half a tonne burst through a hedge near where he was driving and crashed on to the roof of his car (van).
'He was crushed and killed in the impact and was declared dead at the scene.'Mike Edwards was the original cellist in ELO which you may have heard of, some of you may know about. Who he was makes no difference to this case and I say nothing more about him.'It was a most dreadful farming accident. It could have been any member of the public but he just happened to be in the wrong place at the wrong time.'Mr Lowe said the defendants - farmer Brian Burden, then 44, and agricultural contractor Russell Williams, then 21 - did not deliberately cause his death or they would have been charged with murder or manslaughter.
The scene where the founding member of the ELO, Mike Edwards, known as Swami Deva Pramada, was killed when a giant hay bale hit his van in September 2010
'This is totally different sort of case. This was a farming accident. But it was one which was preventable, easily preventable. 'The two men in the dock are charged with offences over the way they carried out their work.'He said anyone running a business should not put members of the public at risk of injury or death as they carry out their work.He said the bale of hay which was 'extremely heavy' weighting between 400 and 600kg or half a tonne, rolled down the steep grass hill in Long Lands field on to the busy A381 road 'where people drive past all the time'.
Musician: Mr Edwards (left) played cello with the seven-piece band from their first live gig in 1972 until he left in January 1975
Mr Edwards performed on albums Electric Light Orchestra II, On the Third Day, The Night The Lights Went On (In Long Beach) and Eldorado
Mr Edwards, 62, (left) died when the bale rolled down the grass field, through a wire fence and thin hedge into the path of his van as he drove along a busy A road in Devon
Mr Lowe said: 'If they decide to roll down a significant slope there is simply no stopping them.'He said the risk of bales rolling down the slope would have 'obvious consequences'.The court heard Williams, now 23, of Blackawton, Devon, was a self employed contractor who was paid by the bale to do the work of baling up the cut grass for silage on Burden's farm.Burden, of Halwell, Devon, was an experienced farmer who used to do the job himself in the same field for many years before contacting it out to Williams some years before.
Mr Lowe stressed to the jury: 'They are both decent, hard working men who you would never expect to be in a court like this.'Burden ran the 300 acre mixed farm and the grass was cut in June and then again in September and the hay rolled up before being placed in large black plastic covers used to make silage to feed the animals.The cut grass is picked up and rolled up into bales by a tractor and baler before being ejected into the field where another tractor with a pointed spike on front moves them, usually to a barn to keep them dry.
Mr Lowe said the bales weight between 400 and 600kg and are around 5ft tall and even wider.Williams had been baling the day before the tragedy but suffered a puncture and had to finish the job the next day - when Burden was not around to help and a farmhand took over from him.Williams told investigators he left the bale 'half way down the field' on a clear, dry day.The jury was shown TV images of how a baler works and then the steep field where the bale rolled down.
Mr Lowe said: 'You can just how steep it is going down to that main road.'Russell Williams told investigators he put the offending bale somewhere half way down the field, that is the bale that landed on the unfortunate Mike Edwards.'Baler manufacturers say 'employers should tale suitable measures to eliminate this risk' of bales rolling or tipping over because, Mr Lowe said: 'Once a bale rolsl down a hill there is nothing to stop it. It is a risk you cannot afford to take.'Both defendants said a bale should be ejected 'across a slope' to stop it rolling.Burden and Williams both deny failing to discharge their duty and a second count of contravening a Health and Safety regulation. Their trial continues.
A founder member of the Electric Light Orchestra was killed in a freak accident when a half tonne hay bale rolled down a steep field into his vehicle, a court heard today. Mike Edwards, 62, was a former cellist with the 1970s ELO band, and was killed in September 2010 when the bale rolled down the grass field, through a wire fence and thin hedge into the path of his van as he drove along a busy A road in Devon. Yesterday the farmer and an agricultural contractor both went on trial each charged with two health and safety offences, which they both deny.
On trial: Brian Burden (left) and Russell Williams arrive at Plymouth Crown Court, Devon, over the death of ELO member Mike Edwards
As the case began at Plymouth Crown Court, the trial judge Paul Darlow told the jury: 'The deceased person driving the van was someone who was, certainly to some of us of a certain generation, quite a well known musician.'Prosecutor Rupert Lowe told the jury: 'The case arises out of a fatal accident which took place two years ago in September 2010.'It was 3rd September just before lunchtime when a man called Mike Edwards was driving along the A381 near Halwell in Devon when a large round bale of hay weighing half a tonne burst through a hedge near where he was driving and crashed on to the roof of his car (van).
'He was crushed and killed in the impact and was declared dead at the scene.'Mike Edwards was the original cellist in ELO which you may have heard of, some of you may know about. Who he was makes no difference to this case and I say nothing more about him.'It was a most dreadful farming accident. It could have been any member of the public but he just happened to be in the wrong place at the wrong time.'Mr Lowe said the defendants - farmer Brian Burden, then 44, and agricultural contractor Russell Williams, then 21 - did not deliberately cause his death or they would have been charged with murder or manslaughter.
The scene where the founding member of the ELO, Mike Edwards, known as Swami Deva Pramada, was killed when a giant hay bale hit his van in September 2010
'This is totally different sort of case. This was a farming accident. But it was one which was preventable, easily preventable. 'The two men in the dock are charged with offences over the way they carried out their work.'He said anyone running a business should not put members of the public at risk of injury or death as they carry out their work.He said the bale of hay which was 'extremely heavy' weighting between 400 and 600kg or half a tonne, rolled down the steep grass hill in Long Lands field on to the busy A381 road 'where people drive past all the time'.
Musician: Mr Edwards (left) played cello with the seven-piece band from their first live gig in 1972 until he left in January 1975
Mr Edwards performed on albums Electric Light Orchestra II, On the Third Day, The Night The Lights Went On (In Long Beach) and Eldorado
Mr Edwards, 62, (left) died when the bale rolled down the grass field, through a wire fence and thin hedge into the path of his van as he drove along a busy A road in Devon
Mr Lowe said: 'If they decide to roll down a significant slope there is simply no stopping them.'He said the risk of bales rolling down the slope would have 'obvious consequences'.The court heard Williams, now 23, of Blackawton, Devon, was a self employed contractor who was paid by the bale to do the work of baling up the cut grass for silage on Burden's farm.Burden, of Halwell, Devon, was an experienced farmer who used to do the job himself in the same field for many years before contacting it out to Williams some years before.
Mr Lowe stressed to the jury: 'They are both decent, hard working men who you would never expect to be in a court like this.'Burden ran the 300 acre mixed farm and the grass was cut in June and then again in September and the hay rolled up before being placed in large black plastic covers used to make silage to feed the animals.The cut grass is picked up and rolled up into bales by a tractor and baler before being ejected into the field where another tractor with a pointed spike on front moves them, usually to a barn to keep them dry.
Mr Lowe said the bales weight between 400 and 600kg and are around 5ft tall and even wider.Williams had been baling the day before the tragedy but suffered a puncture and had to finish the job the next day - when Burden was not around to help and a farmhand took over from him.Williams told investigators he left the bale 'half way down the field' on a clear, dry day.The jury was shown TV images of how a baler works and then the steep field where the bale rolled down.
Mr Lowe said: 'You can just how steep it is going down to that main road.'Russell Williams told investigators he put the offending bale somewhere half way down the field, that is the bale that landed on the unfortunate Mike Edwards.'Baler manufacturers say 'employers should tale suitable measures to eliminate this risk' of bales rolling or tipping over because, Mr Lowe said: 'Once a bale rolsl down a hill there is nothing to stop it. It is a risk you cannot afford to take.'Both defendants said a bale should be ejected 'across a slope' to stop it rolling.Burden and Williams both deny failing to discharge their duty and a second count of contravening a Health and Safety regulation. Their trial continues.
