Tractor driver had drunk estimated 13 pints night before he killed Harry, 11

A tractor driver who drank the estimated equivalent of 13 pints of beer the night before he ran over and killed an 11-year-old boy on a farm has been jailed for more than a year.
Harry WhitlamHarry Whitlam
Harry Whitlam

Gary Green, 51, was given a sentence of 16 months and two weeks in prison at Leeds Crown Court for health and safety violations which contributed to the death of Harry Whitlam.

Green was more than two times the legal driving limit when the incident happened in August 2013.

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He claimed he had drunk four pints in the pub the night before, followed by two cans at home.

But Judge Guy Kearl QC heard that an expert had concluded that Green must have consumed the equivalent of 13 pints of beer before going to bed at 2am.

Green was prosecuted under health and safety rather than road traffic law as he was on private land at the time.

Harry’s mother, Pam Whitlam, said: “It is not OK for anyone, whether on a public road or private land, to be drunk and get behind the wheel of a vehicle.

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“My hope today, now the court process is complete, is that Harry’s life becomes more than one day and as a family we can again remember the good times we shared.”

Speaking outside court, Mrs Whitlam said she wanted to change the law and added that she will soon be launching a campaign for “Whitlam’s Law”.

Asked whether she wanted sentences for health and safety violations to be beefed up or an extension of road traffic laws to private land, she said “a bit of both” but added that the main focus of her campaign would be on increasing sentences for health and safety violations of this kind.

Green had two previous convictions for drink-driving, the last nine years ago.