Mr Elvidge added: “This is not a case where it is suggested Neil Speakman intended or meant to harm Albie… It is whether his negligence was gross.
“The defence deny [Mr] Speakman’s negligence meets this very high threshold.”
Mr Speakman has pleaded guilty to a breach of the Health and Safety at Work Act in failing to ensure, so far as reasonably practical, the health and safety of Albie.
Mr Elvidge also told jurors about an incident in 2020 in which Mr Speakman was said to have disregarded a warning from the Health and Safety Executive (HSE) about the use of another piece of farm machinery with a lifting bucket attached.
It followed a video posted on social media which showed Mr Speakman’s partner, who was then a teenager, inside the bucket in the air as the defendant moves the vehicle and is heard to say: “I’m going to drop you.”
A letter was sent by the HSE to Speakman warning him of the potentially fatal consequences, the court heard.
Mr Elvidge said Mr Speakman had had “no regard” to HSE guidance referred to in the letter, or any other HSE guidance.
The trial continues.