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Boss cleared of manslaughter - but dump truck trial continues

The scene of the recovery operation at Salt Lane, Cliffe
The scene of the recovery operation at Salt Lane, Cliffe

A construction boss has been cleared of the manslaughter of a worker who drowned when his dumper truck plunged into a lake.

Mr Justice Akenhead directed a jury to find Edward "Jim" Day not guilty of the charge at the end of the prosecution case.

Day, of Longfield Road, Longfield, continues to deny failing to discharge a duty under the Health and Safety Act 1974 and contravening a Health and Safety regulation.

Maidstone Crown Court has heard Mark Wilkin was trapped in the truck two-and-a-half metres below the water at Buckland Lake Reserve in Salt Lane, Cliffe, in December 2007.

Day’s company E J Construction employed Mr Wilkin, who was 45, at the site to work on redeveloping the quarry.

The prosecution said a health and safety inspector found the site had nothing around it which could properly be described as protection to reduce the risk of vehicles inadvertently being driven into the water.

The victim suffered from chronic epilepsy but only ever had attacks at night.

Day, 53, said in evidence Mr Wilkin as a very competent worker and good dumper driver.

The trial continues.

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