Labourer skip death trial: Manslaughter accused claimed he had no health and safety training

Bikram Mahli was at the controls of the excavator alleged to have either knocked Jagpal 'Jagger' Singh to the ground or forced him to fall at Bilston Skips on the New Enterprise Estate in Monmore Road, Monmore Green, Wolverhampton.

The 24-year-old victim, who lived in nearby Bilston Road, was standing in a large 'bin' sorting garden rubbish when disaster struck.

Mahli, allegedly the manager of the site, later told police he had not been trained in health and safety and explained: "I started the machine, then Jagger called to me and said the nearest bin needed to be pressed. I did not know where he was. I heard his voice. When he called me I turned left, pressed the bin once and then saw Jagger was down. I left the machine and ran to him."

The defendant now maintained that Mr Singh was already on the ground when he went to start the JCB, prosecutor Mr Michael Burrows QC told Wolverhampton Crown Court but added: "That cannot be true because it does not tally with what we see on CCTV coverage of the incident."

Workmates of the victim told in statements read to the jury how the injured victim told the defendant: 'I can't stand gaffer.'

He was given mouth to mouth resuscitation and had his chest pumped until ambulance crews reached the scene on June 28 2012.

Gurdeep Singh, a mechanic at the skip company, said: "Bikram was screaming. He had Jagger in his arms. Jagger looked like he had passed out and was very pale."

Skip delivery driver Sukvinder Singh added: "Bikram was supporting Jagger and asked me to come and help. He told me Jagger had fallen but did not say from what. All Jagger said was:' I can't stand.'

"We took him to the admin office but by this time he wasn't talking at all. His eyes were half closed and we were tapping his face but got no response. We put him down on a piece of carpet. He was breathing very slowly. One of us started mouth to mouth resuscitation. Somebody else pumped his chest."

Mr Burrows claimed the victim probably suffered fatal internal injuries when hit by the JCB arm and bucket but could not rule out the eight feet high fall from the skip in which he had been working being fatal.

He said there was no doubt that the tragedy could have been avoided if the company had operated a safety police that segregated people working on foot from vehicles.

The company has since gone into liquidation but is being prosecuted in its absence. It denies corporate manslaughter and failing to discharge its duty of care to employees.

Mahli from Yale Road, Willenhall has admitted negligence in failing to ensure the safety of Mr Singh but denies manslaughter through gross negligence. The case continues.