Landscape gardener Ken Pinkerton was crushed when a dumper tipped over

A man has today admitted hiring out a faulty dumper truck that crushed a father-of-six to death when it toppled over.

Brian Beavis supplied the one-tonne skip loader to 47-year-old Ken Pinkerton, who died after it fell onto its side and crushed him.

A court heard the dumper had no seatbelt or working rollover bar – both which could have saved the life of Mr Pinkerton, from Herne Bay.

Landscape gardener Mr Pinkerton had hired the loader and a mini digger from self-employed businessman Beavis, who traded as Heavy Plant Repairs in Nash Road, Ash, Canterbury.

The court heard Mr Pinkerton needed the machinery for a private job he was doing in Reigate, Surry, on September 28, 2011.

The mini-digger turned over while he was using it so, he jumped in the skip loader in an effort to upright the digger.

But as he was trying to operate the machine, it went backwards, reversed over some garden waste, left the ground and then tipped over.

He was thrown from his seat and suffered fatal crush injuries.

The Health and Safety Executive (HSE) found several defects on the skip loader and discovered Beavis had failed to provide any user information for the construction equipment.

He appeared at Guildford Crown Court today and admitted breaching health and safety laws.

He was given a nine-month prison sentence - suspended for a year - and ordered to pay £10,000 to Mr Pinkerton's partner Karen Checksfield, pictured right.

Passing sentence, Mr Recorder Nelson QC said: "It is just tragic that six children lost their dad. The deceased would likely have survived had there been a seatbelt and rollover bar."

Speaking after sentencing, Mrs Checksfield, of May Street, Hillborough, said her partner's death had a traumatic impact on all of their children, then aged between five and 17 years.

She said: "Five of the children are still having counselling. I am concentrating on getting the children through this tough time.

"The main thing is Ken is no longer here. He was my best friend and would support me emotionally.

"I miss so much not being able to talk to him about things. I can't put into words how I feel. If I had a bad day he would give me a cuddle, I miss that.

"It is the silly things you miss like sharing a joke or even watching TV together, or having 'grown-up' food and a glass of wine together. I miss his strength.

"There are so many things he will miss in the future, like giving his daughters away at their weddings, seeing future grandchildren - he loved children, he was like a big child himself."

The truck after crushing Herne Bay father Ken Pinkerton to death

HSE Inspector Amanda Huff said: "This was a tragic incident that devastated Mr Pinkerton's family and left six children, the youngest only five at the time, without their father.

"Brian Beavis could have prevented the incident by making sure that the skip loader was properly maintained and safe.

"Skip loaders are at risk of rolling when they are used on uneven ground. Had the machine had a working seat belt and functioning roll-over protection, it is probable Mr Pinkerton would have survived the crash.

"Businesses who hire out mobile plant must ensure that is in a safe condition and provide proper safety and user instructions to the customer.

"Anyone wanting to hire plant would be well advised to check all the safety features are in place and that clear instructions are available."