Insufficient evidence to prosecute farmer after cows trampled rambler to death in Northumberland inquest hears

A farmer whose cows charged at a rambler, trampling him to death, had been investigated for manslaughter but no charges were brought, an inquest has heard.

Malcolm Flynn, 72, from Carlisle, was walking a section of Hadrian’s Wall in Northumberland with a friend when they were confronted and attacked by cattle in a field at Thirlwall Castle Farm near Gilsland in September 2020.

The inquest into Mr Flynn’s death heard that another two walkers were attacked by cows a year earlier in September 2019 on land farmed by Robert Scott.

Jurors at the hearing in Morpeth, Northumberland, were told that in that case, the pair were not badly injured, but it led to a Health and Safety Executive inspection and enforcement action.

Mr Scott then erected warning signs to alert ramblers walking through fields that cows with calves could be unpredictable and an alternative route should be taken if necessary.

But he was told he could not fence off the path as it could disturb the ancient monument or any archaeology from the Roman wall, the inquest was told.

At the time, Mr Scott kept 80 beef cattle and 500 sheep on the 250-hectare farm, close to the border with Cumbria, and more than 80% of the fields had public rights of way going through them.

The inquest previously heard Mr Flynn was walking with a friend in September 2020 when they noticed a warning sign about cattle as they entered a field at Thirlwall Castle Farm along the Pennine Way – part of which follows Hadrian’s Wall.

Mr Flynn was knocked to the ground, trampled and kicked in the head by the herd of Limousin cattle – consisting of 18 cows, their calves and a bull – which only dispersed when the air ambulance flew over around 30 minutes later.

He could not be saved and died from chest injuries.

Detective Inspector Barry McAtominey from Northumbria Police told jurors that police had initially looked at corporate manslaughter or gross negligence manslaughter charges.

But DI McAtominey said there was insufficient evidence to bring charges after receiving advice from a livestock expert and because of the clear signage erected after the first incident.

Mr Scott told the inquest that he has reduced his herd from 80 to 55 since Mr Flynn was trampled and no cattle were now put in fields that had public rights of way in them, unless the paths were fenced off.

Asked about the general temperament of his Limousin cattle, Mr Scott said: “There is a perception that they may be a little bit more highly strung but I have never found it. When we had the Galloway cows, they were no different.”

Mr Flynn, a father of two, was a member of the Ramblers’ Association and regularly walked with his friend.

The inquest is expected to last all week.