PROSECUTORS have withdrawn six of the eight charges against the Royal Highland and Agricultural Society of Scotland in connection with the death of a three-year old boy from County Durham.

Ben Craggs was just three-years-old when he suffered fatal injuries after being struck by a concrete bollard at the Society's Highland Show held at Ingliston, near Edinburgh, six years ago.

On the 11th day of the trial at Edinburgh Sheriff Court today (Dec 2), Fiscal Depute, Alasdair MacLeod, told Sheriff Paul Arthurson QC that charges six charges were being withdrawn, but proceedings would continue on two others. All the charges were brought under the Health and Safety at Work Act.

Sheriff Arthurson acquitted the Society of the six charges.

The remaining two charges allege that between October 2, 2005, and November 19, 2009, at the Royal Highland Showground and surrounding car parking areas, the Society failed to carry out a suitable and sufficient assessment of the risks posed by the use of moveable concrete bollards and failed to identify the risks of the bollards overturning, exposing members of the public and employees of contractors to severe injury and death.

Ben had been attending the show with his father and mother, Jonathan and Dawn Craggs, who ran a farm and bed and breakfast near Sedgefield, and were exhibiting cattle on the first day of the show on June 19.

The charges claim that Ben fell and seized hold of a rope which was connecting two concrete bollards, one of which overturned and struck him on the head, causing severe injuries. He died later in the Royal Hospital for Sick Children.

On the first day of the trial before nine women and six men, Ben's father told how he had gone to his lorry in the Show's North Car Park to get his white show jacket. It had been difficult to reach because it was hanging at the back of the cab and he had lifted Ben up to get it.

As he locked the lorry door, he heard a shout that a small boy had fallen and rushed to find his son with a bollard lying on his head. He and a security guard had lifted the bollard up. Mr Craggs said he had realised his son's injuries were serious as there was blood coming from his nose and ears.

Peter Gray QC, the Society's counsel, told Sheriff Arthurson that the defence would be leading evidence tomorrow (Wed).

It is expected the trial will end on Monday of next week.