Wealthy landowner, 71, and his ex-ballerina wife, 70, are cleared over death of gardener crushed to death by quadbike on £2.5m country estate

A wealthy landowner and his former ballerina wife have been cleared over the death of a gardener who was run over by a quad bike at their £2.5million mansion.

Nicholas Prest, 71, and Anthea Prest, 70, were released following the death of Paul Marsden, 47, at Pilstone House in Llandogo, Monmouthshire, on April 24, 2020.

The defense firm boss and former English National Ballet dancer has been accused of security breaches at their 15-acre property in a Welsh village.

Mr Marsden, of the Forest of Dean in Gloucestershire, had worked for the couple for seven years and was contracted to go out on a quad bike to spray weed killer on the farmland around the house.

However, the all-terrain vehicle, carrying the weight of the chemical spray tank, fell on the field officer while he was working, causing him to suffocate to death.

The Prests were charged not with manslaughter but with two counts of offenses under the Occupational Health and Safety Act for failing to provide workers with protective equipment or training and for failing to check whether the bike was safe to use.

But defense lawyers Keith Morton KC said they did not have these legal obligations because Mr Marsden was a self-employed contractor.

He explained that the gardener worked exclusively for the couple in a domestic area unrelated to his partners’ work and so he did so at his own risk.

Defense company boss and former English National Ballet dancer accused of security breaches at 15-acre estate in Welsh village (pictured)

Mr Marsden, who had worked for the couple for seven years, had been contracted to set out on a quad bike to spray weed killer on farmland around the house. Pictured: Gardens

And the Prests, who pleaded not guilty to both charges, were cleared of the charges at a jury trial at Cardiff Crown Court this week.

Prosecutor James Puzey described Mr Perst, a 36-year-old director of a stockbroking firm, as ‘extremely intelligent’ and a ‘very successful businessman’.

In fact, when advising Mr Marsden on the car’s tire pressure he ignored the owner’s manual, saying he clearly thought he ‘knew better than Honda’.

Additionally, Mr. Puzey said, the couple sent him into “rough and rugged” terrain, a 40-degree incline and a five-degree side slope; this was not suitable for a loaded quad bike.

In his closing speech the barrister explained: ‘Both Mr and Mrs Perst were busy instructing Mr Marsden on what to do and where to go.

‘Miss Perst drew the map and Mr Perst showed Mr Marsden the controls of the sprayer.’

Mr Puzey also added that the field officer had never used this equipment before because Mr Perst had to show him how to use the controls.

He said the couple themselves had never seen the gardener use a quad bike with a spray tank on the back.

David Whitton of the Health and Safety Executive (HSE) agreed, saying the Mr Marsden site was clearly not suitable terrain for a loaded quad bike.

An official from the workplace safety regulator explained: ‘Any load added to an ATV will raise its center of gravity. This will make it less stable.

‘With the addition of the extra mass of the spray tank the center of gravity will increase and the likelihood of losing control increases.’

On the day of the tragedy, Mr Marsden had brought some cake to work and told colleague Nicholas Miles he would share it with him on holiday.

However, their colleague, who was washing the area around the couple’s pool and nearby garden furniture with electric water, became worried when the gardener did not arrive.

Mr Miles said: ‘When I arrived [to work]paul [Marsden] He was busy putting weed killer into the ATV sprayer and filling it with water.

‘He seemed fine, we had a general chat. He looked like his normal self.’

The colleague said he last saw Mr Marsden cycling away at around 10.10am.

He explained: ‘We normally take a break around 11pm. If Paul was working, we’d try to do this together.’

But that day, he took a break alone at around 1.05pm, when Mr Marsden was still nowhere to be seen, before returning to work by lunchtime.

Mr Miles went looking for his colleague and soon found him pinned under the ATV, which had overturned at the top of a steep field at about 1.30pm.

The gardener was turning ‘blue’ and couldn’t breathe; An autopsy later revealed that he died of asphyxia.

The worker explained: ‘I could see the quadbike flipping over. I initially hoped he would stand by her.

Mr Perst (pictured) previously worked for the Ministry of Defense before setting up his own companies. He currently chairs defense tech giant Cohort

He lives with his former ballerina wife and mother of three, Miss Perst (pictured), in their spacious country house overlooking the River Wye and the Forest of Dean.

The Prests (pictured outside the court in December last year) were charged with two charges under the Health and Safety at Work Act for failing to provide workers with protective equipment or training and for failing to check whether the bike was safe to use.

‘Inverted. When I got close enough I could see he was underneath.

‘The quadbike had fallen on its back and was pinned to the ground with its arms extended.

‘At first I screamed as I got closer to it, but as I got closer I could see it was starting to turn blue.’

Mr Miles, who alerted a neighboring farmer by calling 999, said he was ‘devastated’ by his friend’s death.

He said that after the tragedy he only took a course on how to safely operate an ATV, learning correct driving technique and how to check whether the vehicle was fit for use.

Prosecutor Mr Puzey said the Prests ‘had a legal responsibility to ensure that workers on their land were safe’.

However, he said they failed to do what ‘they should have done and should have done’ to prevent the accident.

For example, the lawyer said the couple failed to provide Mr Marsden with adequate training and personal protective equipment (PPE).

He also said they weren’t sure if the worker was trained to drive the vehicle or that the weed killer tank was a safe weight.

He said the terrain where the crash occurred was also “relatively steep” with “uneven and uneven ground conditions.”

The Prests were renting 42.6 acres of land around their home from a nearby farmer for cattle grazing.

They were paying £27,500 per term to rent the land and in return received £16,651 in shared farming payments in 2020.

Mr Puzey added that an HSE investigation similarly concluded that ‘quadbike use was seriously unsafe and appropriate safety precautions were not taken beforehand’.

He said: ‘There were a number of factors here that would increase the risk of an accident like this.’

But defense counsel Mr Morton KC said ultimately the gardener was working on a self-employed basis and was therefore at his own risk.

Giving evidence in her defence, Ms Prest also said Mr Marsden was a ‘competent’ driver who used his vehicle ‘frequently’.

He said: ‘This would save him having to walk back and forth and it was only used to carry the herbicide as he would then get off the quad bike and spray the areas.’

The former ballerina said she did not advise the gardener on how to ride a bike because it would be ‘like teaching your grandmother to suck an egg’.

Mr Perst previously worked for the Ministry of Defense before setting up his own companies. He currently heads the defense technology giant Cohort.

He lives with his former ballerina wife and mother of three, Miss Perst, in their spacious country house overlooking the River Wye and the Forest of Dean.

The couple have previously hosted a series of charity fundraising garden parties at Pilstone House to support causes such as the NHS and Ukraine.