THE trial of a Hampshire farmer accused of manslaughter has collapsed after the testimony of an expert witness.

Philip Tickner, 63, of Upper Lanham, near Old Alresford, was accused of being responsible for the death of Phillip France, 57 when he died in June 2021 after falling through a skylight while carrying out roofing work on Upper Lanham Farm.

However, almost two weeks into the trial, the prosecution told the court they could not continue their case after they called an expert witness, Mr Provan, whose evidence made it impossible to convict Tickner for manslaughter through gross negligence.

Mr France was one of Tickner's employees and the prosecution had argued the farmer was criminally cavalier with regard to the safety of the three employees he sent to dismantle a barn roof.

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Upper Lanham Farm, Old Alresford, where Philip France fell through the roof of a shed (Image: Google) Mark Watson KC, prosecuting, said: “It was obviously a fundamental aspect of the Crown’s case that they demonstrate to the criminal standard that there was a breach of duty. […] We have reviewed our position overnight and we've concluded that the concessions made by the prosecution expert are so significant that it would not be realistic [to continue our case].”

The jury was invited by the court clerk to find Tickner not guilty of manslaughter before being stood down.

Mrs Justice Eady said: “I have decided that there is not sufficient evidence to convict Philip Tickner. The prosecution has to prove the six elements [in this case], including the sixth, gross negligence, which has to be exceptionally bad to the extent that it warrants criminal prosecution. The prosecution cannot demonstrate that Mr Tickner’s breach of duty fell below the standard to the extent required.”

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She added: “I do have a concern about what has taken place. There’s a background to this and, given the cost to the public purse, let alone the cost to Mr Tickner, I’m just wondering what steps are going to be made to review the steps taken by the prosecution.”

Tickner has pleaded guilty to two health and safety charges in relation to the incident, for which he is likely to be sentenced on Friday, October 18.

Malcolm Galloway, defending, declined to comment when invited to do so by Mrs Justice Eady.