A former professional ballerina has denied being to blame for the death of a gardener at her £2.5 million country mansion.
Former English National Ballet dancer Anthea Prest, 70, and husband defence company boss Nicholas Prest, 71, are accused of safety breaches over the death of gardener Paul Marsden, 47.
A court heard groundsman Mr Marsden, 47, died when the quad bike he was riding tipped over at the wealthy couple’s country estate while he was spraying weeds.
The Prests are accused of failing to give adequate safety gear or training to gardeners working at their £2.5 million estate with a swimming pool and 15 acres near Llandogo, Monmouthshire, south Wales.
Giving evidence in her defence, Mrs Prest said Mr Marsden was a ‘competent’ rider who used their vehicle ‘frequently’.
She said he used the quad bike with a spray tank mounted to the back for his work to save his legs while weedkilling.
She told the court: ‘It would save him walking back and forth, and it was just used for transporting the herbicide because he would then get off the quad bike and spray spot the areas’.
She said she did not advise him on how to ride the bike because ‘it would be like teaching granny to suck eggs’.
Defence chief Nicholas Prest, 71 (pictured, left) and his wife Anthea, 70 (pictured, right) leaving court
Mr Marsden – who was from the Forest of Dean – had been using a quad bike to spray weed killer when he fell from the vehicle at the countryside estate (pictured) belonging to the couple in April 2020
The court heard Mr Marsden was discovered ‘blue’ and unable to breath by another worker after being pinned under the vehicle and died from asphyxia.
Former Ministry of Defence official Mr Prest and his mother-of-three wife are each accused of two charges under the Health and Safety at Work act in relation to Mr Marsden’s death – but do not face charges of manslaughter.
Instead they are accused over charges of failing to check workers had protective equipment and that the quad bike was safe to use.
On the day of the tragedy Mr Marsden brought cake to share with colleague Nicholas Miles at their break time with a cup of coffee – but didn’t show up for their planned meeting.
Mr Miles, who had been power washing around the couple’s swimming pool and surrounding garden furniture, said he began to get concerned when Mr Marsden didn’t arrive.
Mr Miles said he went back to work after his break until he stopped for lunch around 1.05pm. When Mr Marsden did not turn up he then went to look for him.
He said: ‘I could see the quadbike had turned over. Initially I was hoping he would be stood next to it.
‘When I got close enough to see I could see he was underneath it.
The Prests have previously hosted a number of garden parties at the Pilstone House home as charity fundraising events. Pictured: mother-of-three and former English National Ballet dancer Anthea Prest, 70
Nicholas Prest, 71 (pictured) used to work for the Ministry of Defence before setting up his own companies and is now the chairman of defence technology giant Cohort
Pictured: the Prests’ garden at their luxury country home near Llandogo, Monmouthshire, south Wales
‘The quadbike had come down on his back and he was pinned to the ground with his arms outstretched.
‘Initially I shouted to him as I was getting closer and closer but as I got up close I could see that he had started to go blue.’
A court heard Mr Marsden had worked for the couple since 2013 and been using a quad bike to spray weed killer on farmland surrounding their home when he fell in April 2020.
James Puzey, prosecuting, said Mr and Mrs Prest ‘had a legal responsibility to ensure that the workers on their land were safe’.
Mr Puzey said the pair failed to do what they ‘would have and should have done’ to prevent the accident by not providing adequate training and PPE.
Mr Puzey said a Health and Safety Executive investigation ‘concluded that the use of the quadbike was seriously unsafe, and that no suitable safety precautions were taken beforehand’.
He added that Mr Marsden had not been trained to drive the vehicle, was not provided with PPE, and the Prests had not ensured the weight of the herbicide tank was safe.
He said the land where the accident happened was also ‘relatively steep, with uneven and rough ground conditions.’
Mr Puzey told the court: ‘There were a series of factors here that would have increased the risk of an accident such as this happening.
‘Mr and Mrs Prest would have and should have done something to control that risk.’
One charge states that the Prests did not check that persons including Paul Marsden ‘were exposed to risks arising from the failure to provide suitable and sufficient training, plant and personal protective equipment when using all-terrain vehicles.’
The other charge states the couple: ‘Failed to take such measures as it was reasonable for you to take to ensure, so far as was reasonably practicable, that plants provided for use, namely that an all terrain vehicle, was safe and without risk to non-employees, namely Paul Marsden, for use on the premises.’
Keith Morton KC, defending, said Mr Marsden was working on a self-employed basis and was working at his own risk.
Mr Prest previously worked for the MoD before setting up his own companies and is now the chairman of defence technology giant Cohort.
He lives with Mrs Prest at their sprawling country house close to the village of Llandogo in Monmouthshire overlooking the River Wye and across into the Forest of Dean.
The couple have previously hosted a number of garden parties at the Pilstone House home as charity fundraising events for causes such as the NHS and Ukraine.
The trial, at Newport Crown Court, continues.
