Farmer will not face manslaughter charges after fatal cow attack, inquest hears

A farmer whose cows killed a retired teacher in a prolonged attack was investigated by police on suspicion of gross negligence manslaughter but there was insufficient evidence to lead to any charges, an inquest has heard.

Malcolm Flynn, 72, from Carlisle, was walking a section of Hadrian’s Wall in Northumberland with a friend when they came across 18 cows, their calves and a bull near the public footpath through a field farmed by the R and M Scott Partnership in September 2020.

An inquest at County Hall, Morpeth, Northumberland, has heard the grandfather was knocked to the ground, trampled and kicked in the head by the Limousin cows, which only dispersed when the air ambulance flew over around 30 minutes later.

Two walkers were attacked on the same farm in September 2019, although they were not badly injured, and that led to the farmers erecting warning signs saying that cows with calves could be unpredictable and an alternative route should be taken if necessary.

The hearing was told the Pennine Way and the Hadrian’s Wall walk overlap at Thirlwall Castle Farm, near Gilsland, and it is a busy route for ramblers.

Robert Scott, who has farmed there firstly with his brother and now with his son since 1963, said the 2019 incident led to a Health and Safety Executive inspection and enforcement action.

He put up warning signs but was told he would not be allowed to fence off the path as it could disturb the ancient monument or any archaeology from the Roman wall.

At the time he kept 80 beef cattle and 500 sheep on the 250-hectare farm, some of which is moorland, and more than 80% of the fields had public rights of way going through them.

Livestock expert James Dunn advised Northumbria Police that Mr Scott should not face gross negligence manslaughter charges, given the clear signage he had put up after the first incident.

Detective Inspector Barry McAtominey told jurors police had initially looked at corporate manslaughter or gross negligence manslaughter charges.

He said he had concluded: “There was insufficient evidence to charge any one person or body in connection with the death of Mr Flynn.”

Mr Scott told the inquest that he has reduced his herd from 80 to 55 since Mr Flynn was trampled and no cattle were now put in fields that had public rights of way in them, unless the paths were fenced off.

He said he was dry-stone walling with a farm worker when he heard about the attack on Mr Flynn via a phone call and he drove over to the scene on a buggy.

Asked about the general temperament of his Limousin cattle, Mr Scott said: “There is a perception that they may be a little bit more highly strung but I have never found it.

“When we had the Galloway cows, they were no different.”

Mr Flynn, a father of two, was a member of the Ramblers’ Association and regularly walked with his friend Christopher Barkless.

The inquest was expected to last all week.