THE parents of a man found dead under a cement mixer drum more than 12 years ago have been awarded £12,000.

Lee Balkwell, 33, was found dead under the chassis and drum of the mixer at Baldwins Farm, in Dennises Lane, South Ockendon, on July 18 2002 at 1am.

His employer, Simon Bromley, 45, of Baldwins Farm, was convicted of failing to ensure Mr Balkwell’s health and safety at Chelmsford Crown Court last year and is awaiting sentence.

The prosecution said Mr Balkwell had become trapped by the drum when it turned on unexpectedly after Bromley turned on the engine, but the jury cleared Bromley of manslaughter by gross negligence.

Dad Les Balkwell was yesterday awarded the £12,000 by the Criminal Injuries Compensation Authority – a Government scheme that compensates people who have been injured because they were the blameless victim of a violent crime.

The Balkwells’ first claim to the authority was rejected on the grounds it fell outside the remit of the scheme.

However, Les Balkwell, 68, appealed and received the compensation news yesterday.

A letter to him from the authority said the inquest in 2008 had returned a verdict of unlawful killing by gross negligence manslaughter.

Writing in the letter, Carol Irvine said: “The offender was charged with this offence and, although he was not convicted, I believe an award should be made. Having considered all the evidence, I am prepared to accept this application, on the balance of probabilities, falls within the scope of the scheme and I am prepared to make a full award.”

The authority can reach a verdict on the balance of probabilities, which is a lower threshold of proof than the “beyond reasonable doubt”

required in a criminal trial.

Les Balkwell has always maintained there were problems with the police investigation into his son’s death and has lodged complaints with the Independent Police Complaints Commission.

He said: “This is not about compensation.

It is my way of getting questions answered that have been unanswered for over 12 years, but we are getting there bit by bit.”

A spokesman for the Criminal Injuries Compensation Authority said: “Our process is entirely separate from any criminal proceedings.

“The scheme includes clear eligibility criteria. In order to qualify for an award there must have been a crime of violence.”

A spokesman for Essex Police added: “There are no plans to reopen the investigation into the death of Lee Balkwell.”