A hotel boss drowned in Perthshire after a JCB he was working with toppled off a pier in a tragic accident, a sheriff has ruled.
Hotel director Greg Deakin, 48, was shifting material as part of a project to create a new marina at the Ardeonaig Hotel near Killin on the banks of Loch Tay.
The hotel had been undergoing renovations for a year when the accident took place.
Mr Deakin had been removing boulders and dropping them into the water when a turning manoeuvre sent the JCB excavator into the water.
Work colleague William McShane saw the machine fall and watched for Deakin to re-emerge but he failed to appear.
He bravely dived into the water and desperately tried to break the cab of the JCB but could not smash it and was eventually told to get out for his own safety.
Emergency services raced to the scene on October 6 2021 but father-of-two Mr Deakin could not be saved.
No recommendations made
A fatal accident inquiry at Stirling Sheriff Court heard the cause of his death was drowning.
Sheriff Derek Hamilton said the accident was caused by the tracks on the JCB being wider than the width of the pier.
He made no recommendations which might realistically prevent deaths in similar circumstances.
In a written judgment, Sheriff Hamilton said: “Quite simply this tragic accident was caused by Mr Deakin using equipment and a method of working on the pier which were inherently unsafe.
“The excavator was on this occasion too large to operate on the pier.
“Its tracks were wider than the width of the pier thereby allowing little room for error when manoeuvring the excavator.
“There was no room for Mr Deakin to rotate the excavator on its own tracks.”
No reason given for failure to escape
He added: “Tragically, the excavator did not come to rest on the side which first entered the water.
“Because the windows of the excavator were underwater, those trying to assist Mr Deakin were initially unable to smash the glass.
“The cab was fitted with a rear window which could be opened as an emergency escape by either pulling a rubber ring attached to the seal, or by smashing the glass.
“There may have been many reason why Mr Deakin could not use the emergency escape but there was no evidence from which any conclusions could be drawn.”
Sheriff Hamilton offered his condolences to the Deakin family.
Tributes paid
Tributes were paid to Mr Deakin, from Glasgow, after his tragic death.
His old school, Glenalmond College, said: “Greg embraced all that Glenalmond had to offer and forged many long-standing friendships here.
“An early flair for design and technology during his school days underpinned his success in many businesses including running over 30 holiday properties and a hotel near Loch Tay.”
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