COUNCIL bosses acted criminally by not ensuring the safety of a gardener killed in a freak accident, a court heard.

Frank Smith died when the sit-on mower he was using, fell down a grassy embankment near Clifton Bridge and rolled over him.

He was cutting the embankment as part of his duties working for City of York Council.

"The council failed to ensure the safety at work of employers grass cutting using sit on motors," said Erin Shoesmith, prosecuting for the Health and Safety Executive.

Now a district judge will decide exactly how much or how little the council did to ensure Mr Smith's safety before sentence is passed. If he decides that the council should be fined more than £20,000, he could send it before a crown court judge, who can impose a greater fine.

City of York Council pleaded guilty to failing to ensure Mr Smith's health and safety. But the council did not accept the full extent of the allegations brought by the Health and Safety Executive, so York magistrates adjourned the case for the district judge to hear evidence about the council's failings.

* For more details see The Press today.