by Keith Hunt

A construction boss has gone on trial accused of the manslaughter of a worker who drowned when his dumper truck plunged into a lake.

Mark Wilkin was trapped two-and-a-half metres below the water at Buckland Lake Reserve in Salt Lane, Cliffe, in December 2007.

Edward Day’s company, E J Construction, employed 45-year-old Mr Wilkin to work on redeveloping the quarry.

Richard Matthews, prosecuting, said Mr Wilkin was employed full-time for six to eight years and Day, 53, was to describe him as "the hardest worker I have ever come across".

The victim suffered from chronic epilepsy but had only ever suffered attacks at night. If he had a fit at night he would be unfit for work the next morning.

"Doctors agree is it very unlikely he suffered an epileptic fit on the day he died," Mr Matthews told a jury at Maidstone Crown Court.

"In any event, the prosecution say whether he did or not is not an issue you will be asked, nor is it necessary, to resolve in this case."

The prosecutor said the project involved moving hundreds of tonnes of earth around the site. A 20-tonne excavator and two nine-tonne dumper trucks were used.

Mr Matthews said the work Mr Wilkin was required to do was dangerous and represented a real hazard.

"The risk of overturning into deep water is a great one," he said. "There is a real chance of a dumper going over the edge. That is exactly what happened to the unfortunate Mark Wilkin."

Mr Matthews said a health and safety inspector found the site had nothing around it which could properly be described as protection to reduce the risk of vehicles inadvertently being driven into the water.

Day, of Longfield Road, Longfield, denies manslaughter.

The trial continues.