Co Armagh farmer fined after teenage niece crushed to death by JCB driven by 12-year-old cousin

​Newry High School pupil Abbie Nummy had just turned 14 when tragedy struck on her grandfather’s farm in the Bernish area on November 30, 2019 when she was crushed by a JCB shovel being driven by her then 12-year-old cousin.

Her uncle, 49-year-old Derek Nummy was in Newry Crown Court today where he was fined for the health and safety offences that led to his niece’s death.

On the day his trial was due to begin last March, Nummy, from Altnaveigh Road in Newry, entered guilty pleas.

He had originally been charged with his niece’s manslaughter but that was left on the books by the prosecution.

At Newry Crown Court, sitting in Coleraine, Judge Peter Irvine KC lamented that “there is absolutely nothing this court can say or do that can reduce the undoubted pain and suffering of her parents, her brother and sister and the wider family circle.”

Judge Irvine said the pain and anguish was summed up in one sentence by Abbie’s dad David when he said in his victim impact statement that “my life, and my family’s lives, changed forever that day and will never be the same again.”

In fining Abbie’s uncle, the judge said it was clear from the reports the defendant is “haunted by the events of that day” but that the amounts to be paid “of course cannot compensate, in any way, for the tragic loss of Abbie.”

Emergency crews and the Air Ambulance scrambled to the scene but tragically, despite their best efforts, Abbey’s life could not be saved and concluding his sentencing remarks, Judge Irvine ordered that the shovel be sold and the proceeds donated to the Air Ambulance.

Opening the facts of the case for the first time, prosecuting KC Philip Mateer told the court Abbie’s father “had been alerted by shouting coming from the farmyard” and jumping over the wall, saw his teenage daughter lying “lifeless in the yard.”

Abbie’s cousin, who was three months shy of his 13th birthday at the time, admitted he had been driving the shovel when his foot slipped off the brake and Abbie was “squeezed against the wall.”

Mr Mateer told the court the cousins had been working on their grandfathers farm at weekends “for pocket money” but it was on the understand that the defendant, their uncle, would be supervising them “at all times.”

The joint police and Health and Safety Executive investigation revealed that both children had driven the shovel at various times but on the day that tragedy struck, they had been moving tyres covering silage when some of the tyres rolled away.

Abbie, who had been in the cab sitting on an upturned bucket, jumped out and was in front of the shovel when the 12-year-old put the shovel into reverse but the heavy and powerful agricultural machine “jumped forward” and fatally injured the schoolgirl.

Nummy’s criminal offence and culpability was founded in the fact that he had absented himself from the yard at the time of the accident so was not properly supervising the children and also the fact that no child under 13 is permitted in law to drive farm machinery of any kind.

Highlighting that Nummy treated and loved his niece as “one of his own,” defence KC John Kearney told the court “he is devastated by what happened and the consequences of what happened.”

Speaking after the hearing, Anne Boylan, Principal Health and Safety Inspector said: “Our thoughts today are very much with Abbie’s family.

“Whilst incidents involving children on farms occur less frequently than with adults, it is no less shocking that in the past 10 years, three children in Northern Ireland have sadly lost their lives in farm incidents.

“Children are naturally inquisitive and are keen to help out around the farm. Their immaturity and lack of experience, however, means they do not always understand the risks around them, which tragically can result in serious or fatal incidents.

“Farmers and others working in agriculture are reminded that children under 13 years of age are prohibited from operating any agricultural machinery.

“All those involved in agricultural activities are advised to familiarise themselves with the relevant age restrictions and training requirements around the operation of agricultural machinery on farmland, and the relevant road licensing restrictions for driving agricultural vehicles on the public highway.”

Speaking on behalf of the Police Service of Northern Ireland, Detective Constable McAteer said: "Our thoughts and sympathies today remain with Abbie's family and friends as they continue to come to terms with her death."This was a tragic loss of a young life and serves as a salutary reminder of the dangers presented on a working farm, particularly when there is heavy machinery in use."While nothing can bring Abbie back, we hope that this case shows how important it is to exercise care and attention when farming."