Worker killed by 'boss's negligence' as he sorted garden rubbish in a skip, manslaughter trial told

Jagpal 'Jagger' Singh lost his life because of the dangerous way in which 44-year-old Bikram Mahli controlled an excavator, Wolverhampton Crown Court was told.

The victim was standing in a 'bin' sorting garden rubbish at Bilston Skips on the New Enterprise Estate in Monmore Road, Monmore Green, Wolverhampton when tragedy struck.

Mr Michael Burrows QC said: "Bikram Mahli was operating a JCB and moved the arm over the skip. Exactly what happened next is not clear. Jagpal Singh was either struck by the arm of the excavator or fell trying to avoid it."

The injured 24-year-old was helped to the site office and an ambulance was called while workmates battled to keep him alive. He was bleeding from the nose and mouth but could not be saved.

Mr Singh, from Bilston Road, Wolverhampton, was taken to New Cross Hospital where he was later certified dead less than an hour after the incident on June 28 2012.

Mr Singh had suffered serious internal injuries with one of his lungs detached by 'significant blunt force' to the chest, the court heard.

This could have been caused by the JCB arm and bucket but the eight feet high fall from the skip in which he had been working could not be excluded as being responsible for the fatal injury, revealed Mr Burrows.

The defendant, who was allegedly the manager of the site, later insisted that he had not had any health and safety training.

He told police: "I started the machine, then 'Jagger' called to me and said the nearest bin needed to be pressed. I didn't know where he was. I heard his voice. When he called me I turned left, pressed the bin once and then saw 'Jagger' down. I left the machine and ran to him."

Bikram Mahli had later maintained that the victim was already on the ground when he arrived to start the JCB, claimed Mr Burrows, who continued: "That cannot be right because it does not tally with what we see from CCTV coverage of the incident."

The prosecutor added: "This was an appalling system of work with nothing to segregate people from moving vehicles. Bikram Mahli should never have moved the arm of the excavator to the skip where he knew the worker was. There was an obvious risk of causing serious injury or death. This failing was so gross it amounted to a criminal offence."

He concluded: "Bilston Skips Ltd never considered the risk to their workers and did nothing to put in place a system to ensure their safety. Had there been one this incident could not have occured and Jagpal Singh would not have been killed."

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.