A FORMER patio firm boss has admitted his part in the death of a contractor who was crushed when a wall fell on him.

Patrick Walsh pleaded guilty to breaching health and safety regulations at Nottingham Crown Court.

But he denied the manslaughter of Adrian O'Dowd, who had been working for him.

Judge Mrs Justice Macur said she accepted the plea and ordered the manslaughter charge to lie on file.

Mr O'Dowd, 43, of Greenwood Avenue, Bakersfield, was working on a five-foot retaining wall to a patio at the back of a house in nearby Mays Avenue when it collapsed on January 24, 2007.

Firefighters and ambulance crews fought for four hours to pull him from the rubble but he had already died.

Walsh, 41, of Highcliffe Road, Sneinton, admitted failing to ensure the wall was stable enough.

At the time of the accident, he was trading as Advanced Patios and Paving.

Mrs Justice Macur said she didn't believe he had been deliberately negligent.

She said a jury on a manslaughter trial would have difficulty in reaching a proper verdict because there were "obstacles" in the way

She said: "A real issue that they would have to grapple with would be the foreseeability of what actually caused this wall to collapse.

"It appears that the majority of expert opinion suggests that the negligence of Mr Walsh, and he was quite patently negligent, was that of ignorance and failing to obtain properly qualified and expert advice as to the stability of the wall.

"I am not sure the public interest would be served to proceed to trial given the plea."

She said Walsh had been helping Mr O'Dowd, adding: "Your actions were intended to provide him with paid employment."

Stuart Rafferty, prosecuting, said they had "agonised" over whether the manslaughter charge should be pursued.

He said: "There is a distinction between this case and a case where lives are lost in pursuit of profit and nothing else."

Mr Rafferty said he had spoken at length with Mr O'Dowd's family and said they had decided they didn't want the case to proceed.

The court heard Walsh had been suffering since the death of Mr O'Dowd, who was his friend.

"That mortal responsibility is a greater sentence than this court could give him," said Mr Rafferty.

"Mrs O'Dowd can accept that what she has lost can never be replaced by any punishment from this court."

Walsh was bailed and will reappear at the court for sentencing on March 13.

Neither he nor Mr O'Dowd's family was willing to comment after the hearing.

marcus.boocock@nottinghameveningpost.co.uk