Teacher killed by escaped cow that was in "'fight mode' and tossed her over gate

13 December 2023 , 19:17

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Marian Clode was killed in a cow attack after it broke free from a herd (Image: Collect Unknown)

A teacher died after a cow escaped from a farm and charged at her as it went into "full-blown fight mode", tossing her over a gate.

Marian Clode was walking along a bridlepath during an Easter break in Northumberland with family when the animal broke loose and attacked her three times, a court heard. The 61-year-old suffered a severe spinal injury in the horrific incident in April 2016, tragically dying days later in hospital.

Farmer Alistair Nixon appeared in court on behalf of the JM Nixon partnership, which runs Swinhoe Farm, near Belford, where Mrs Clode was attacked by the animal whilst with her two grandchildren, husband, daughter and son-in-law. The 62-year-old pleaded guilty to a health and safety breach after admitting failure to ensure the safety of persons other than employees by exposing them to risks to their safety from the movement of cattle.

The cows were being herded along a bridleway near the Northumberland farm at the time (Collect Unknown)

Craig Hassall KC, prosecuting, told Newcastle crown court the farmer and staff were moving a herd of about 140 cattle from winter quarters to summer grazing at the time, using a public path from the farm to a field. Mr Nixon had been standing next to a quad bike and used a stick to stop some of the cattle from moving down the path before he was ready.

But a group of seven or eight cows and five or six calves got past, heading off along the bridleway and over the brow of a hill, out of sight. Meanwhile, Mrs Clode and her family had been out for an afternoon walk whilst staying at holiday cottages on the farm at the time, and were coming in the opposite direction when the cows ran off.

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Other family members managed to get out of the way by leaping over a barbed wire fence but Mrs Clode was attacked by a cow which turned 90 degrees towards her as she stood by a wooden gate. Mr Hassall said: "It charged at her two or three times and then tossed her over the wooden gate."

Her son-in-law managed to get into the field where she lay unresponsive and face down as they called emergency services. Mr Nixon then arrived at the scene and helped give first aid, the court heard.

The teacher, from Ashton-under-Lyne, Greater Manchester, was taken to hospital in Newcastle where she sadly died from her injuries. Evidence from cattle behavioural expert Miriam Parker used in court told how cows had to be e kept under control on public rights of way at all times when being herded along public paths.

Marian suffered a catastrophic spinal injury in the incident (MEN MEFIA)

The court heard Mr Nixon had travelled on his quad bike along the route he intended to use to move the cows, but that was some time before Mrs Clode and her family were on it. Mr Hassall, referring to Ms Parker's expertise, said: "Cattle in full-blown fight mode will attack using their head, often repeatedly, and patently that is what transpired here."

He said cows being moved with their calves would exhibit "higher arousal levels" on a spectrum of anxiety, excitement and fear. Even older cattle being moved from their winter sheds to open field can become more excited, play-fighting, prancing and bucking, he said.

Judge Tim Gittins said whether it was a single factor or a combination was not clear, adding: "Something did trigger the fight reaction." Mr Hassall replied: "They are all reasons that might contribute in these particular circumstances to a particular cow going into fight mode rather than flight mode."

The prosecution said the defendant had not made a "suitable and sufficient" assessment of the risk of moving cattle down the public right of way. Tom Gent, for the farm, said the business employed "experienced and competent" stockmen.

Mr Nixon did not keep aggressive or over-protective cattle and had got rid of such animals in the past, the firm's barrister said. The court heard he grew up on the farm and employees were well aware that cows could behave more protectively when their calves were with them.

He believed the cattle that bolted would stop to graze on their way to the field, and he did not immediately follow them on his quad bike. Mr Gent said: "Of course, with the benefit of hindsight, that is something he bitterly, bitterly regrets."

Judge Gittins will pass sentence at 10am on Friday.

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