THE brother of a man who died after falling 30ft from a farm building has said his employers would have to live with his death on their consciences.

Marius Kynaston, 41, made the emotive comment in a statement outside Swindon Crown Court this afternoon, after two firms were sentenced for breaching health and safety laws.

Timothy Kynaston, 50, of Down Avon, Bradford on Avon, died after plunging through the rooflight of a corn barn at Manor Farm in Kingston Deverill, near Warminster, in July 2004.

His employers TH White Installations and farmer Richard Stratton, of Manor Farm, admitted a breach of duties under health and safety laws.

Stratton also admitted a second charge of failing to discharge his duty not to expose Mr Kynaston to risk.

TH White were fined £35,000 at today's hearing, while Stratton was fined £17,500 on each of the two counts, Both will pay £8,000 court costs.

Installation engineer Timothy Kynaston was working on the vents of a grain dryer as part of a routine harvest service.

A timber walkway he was standing on was nailed through a fragile asbestos cement roof.

The court action followed an investigation by the Health and Safety Executive, which revealed TH White and Stratton failed to put safety measures in place, such as an adequate walkway, edge protection or a means of attaching a fall-harness or lanyard.

His brother Marius Kynaston said after the hearing: "We believe that both defendants should have been prosecuted for corporate manslaughter but the complexity of the law relating to this had made it impossible to achieve.

"Nevertheless Mr Stratton and the senior management team at TH White must live with Tim's death on their consciences as they singularly failed to ensure safety in the work place."

Andy Shaw, from the HSE, said: "A serious fall such as the one in this case will often result in a fatality.

"Employers need to be aware of the dangers and take appropriate action to reduce the risks before an incident occurs."