A WYE Valley-based businessman sobbed in the dock as he was acquitted of the manslaughter of an employee who died after getting trapped in a tyre shredding machine.

Kyle Gettings, 35, of Marten Road, Chepstow, was warned he could still face jail though, after admitting health and safety breaches in connection with the 2019 death of 38-year-old Martin Simmons after an accident at a Forest of Dean business unit.

Gettings denied the manslaughter by gross neglience of the employee, who underwent a wedding blessing with his fiancee in hospital days before dying from his injuries.

The jury at Gloucester Crown Court considered their verdict for nearly four hours before finding Gettings not guilty of killing Mr Simmons.

His trial heard that the catastrophic accident on February 20, 2019, involved a new tyre shredding machine at his firm Capital Metals, at New Dunn business park in Sling.

Mr Simmons’ arm became trapped between a pulley and a roller, and he died 15 days later after suffering a crushed artery in his neck and a heart attack.

Prosecutor Phillip Stott described the shredder as a “death trap” and its installation as a “bodged job”,

“Gettings failed in his duty in respect of the dangerous moving parts and the set-up of a conveyor belt connected to the tyre-shredding hopper,” he said.

Because of its “dangerous” condition, there was a “serious risk” to anyone using it, he claimed.

His fiancee also said Mr Simmons had raised concerns about the shredder, which had been installed just two days earlier.

But Kate Brunner QC, defending, said it was a “freak accident” and the machine and unit owner Phillip Watkins had told her client the shredder had been installed properly. In addition, Mr Simmons had been trained to isolate the machinery before attempting to remove any rubbish, but didn’t do so before the accident.

Health and safety experts who investigated also revealed that a hopper had been put on the wrong way round, while guard rails were missing.

Gettings, who did not give evidence in the trial, was bailed on the health and safety charge to appear at Bristol Crown Court on October 7 for sentence.