Prosecutions 2011

Summarily

Smyth Trailers Limited

An employee of an agricultural contractor sustained fatal injuries whilst securing a trailer stand to its storage bracket on the chassis of a silage trailer. During the course of the investigation it was found that the Silage Trailer had a CE mark affixed to it but no EC Declaration of Conformity existed for the trailer.
The matter came on for hearing on 5 May 2011 at Carlow District Court but sentencing was adjourned to August 2011 to allow Smyth Trailers Limited time to give notice of the design defects, to allow for an undertaking from the manufacturer to carry out modifications to the trailer and to bring it up to CE mark standard and finally to issue an Operator's Manual to all end users. The accused pleaded guilty to all charges.

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Aquiline Ltd

(See also outcome of prosecution for Pat Denn (Agriculture) Ltd).

On the 19 June 2009, while undertaking construction work at height from a makeshift platform, an employee of Aquiline Ltd., fell 2.74 meters to the ground and suffered injuries. The accused pleaded guilty and was sentenced on the 13 May 2011 in the Lismore District Court.

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Pat Denn (Agriculture) Ltd

(See also outcome of prosecution for Aquiline Ltd)

On the 19 June 2009, while undertaking construction work at height from a makeshift platform, an employee of Aquiline Ltd., fell 2.74 meters to the ground and suffered injuries. Pat Denn (Agriculture) Ltd pleaded to two charges.

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Holgate Infrastructure and Motorway Services Ltd

On 14 of August 2009 an employee of Holgate Infrastructure and Motorway Services Ltd. suffered extensive injuries when he was struck by an uncertified lifting accessory on a teleporter. The accused pleaded guilty to four counts and was sentenced on the 21 of June 2011 in the Dublin District Court.

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Lucey Transport Ltd

Fatal accident when a reversing vehicle crushed an employee of the accused between the rear of the vehicle and a fixed object at Mallow, Co Cork. The accused plead guilty to 2 charges and was sentenced on 20 July 2011.

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Henkel Ireland Limited

An over-pressurisation event which initiated a 200 litre steel tight head drum to explode at Henkel Ireland Limited, Kylemore Park North, Ballyfermot, Dublin 10. There were no injuries from the incident with only slight structural damage to an external roof structure. Henkel Ireland Limited pleaded guilty to three charges. The matter came on for sentencing on 5 September 2011 at Dublin District Court.

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Oatfield Confectionery

An employee of a contractor suffered severe injuries from a fall to the ground from a cage attached to a forklift supplied by Oatfield Confectionery, Letterkenny. The cage was not purpose built for carrying persons. The company pleaded guilty to two charges. The matter came on for sentencing on 3 October 2011 at Letterkenny District Court.

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Ray Whelan Ltd.

An employee fell from a man-riding footboard on the rear of a refuse collection truck into the path of an oncoming vehicle. He sustained multiple serious injuries. Examination of the man-riding footboard on the rear of the vehicle confirmed it did not meet the requirements of European Standard EN1501-1. The footboards had been manufactured and installed by Ray Whelan Ltd. The company pleaded guilty to two charges. The matter came on for sentencing on 6 October 2011 at Carlow District Court.

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Carty Contractors Limited

An accident resulting in a fatality on a roadwork construction site at Clonlara, Co. Clare.  This activity involved the use of a large 360 excavator, a small articulated dumper and other mobile machinery being operated in a relatively restricted space on a roadway approximately 5 metres wide.  The company pleaded guilty to all charges.  The matter came on for sentencing on 20 October 2011 at Limerick District Court.

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Swords Sports and Leisure Ltd.

Swords Sports and Leisure Ltd. were the main contractor on a construction site at O'Connell School, North Richmond Street, Dublin 1. While steel posts were being transported from a delivery lorry by a teleporter, the steel posts fell from the forks of the teleporter. The posts fell from a height and penetrated the ground floor window of an apartment adjacent to the school. The incident did not result in any injury. The matter came on for hearing on 30 November 2011 at the District Court, Four Courts, Dublin.

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On Indictment

Daniel Doyle

This case was heard on 10 February 2011 at Tullamore Circuit Court. Daniel Doyle pleaded guilty to six counts of supplying forged safe pass cards and two counts of impersonating an inspector.

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General Paints Limited

On the 3^rd March 2011 this case was heard at Naas Circuit Court.  A fire /explosion occurred in the defendant’s paint factory.  The explosion resulted in burn injuries to 3 employees.  General Paints pleaded guilty.

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John H. Bennett & Co. Limited

(See also Outcome of Eamonn McSweeney below)

This case was originally heard on 9 February 2010 when fines were handed down after the accused pleaded guilty to two charges set out below.  The case was appealed on the grounds of undue leniency of penalty and was heard in the Court of Criminal Appeal on 11 March 2011.  The Court of Criminal Appeal stated that in its opinion the trial judge had considered all mitigating factors and that the fines were not unduly lenient and the appeal was refused.

On 7 July 2006 an employee suffered serious injuries while at work when he became entangled in a ‘sweep auger’ located in the base of a grain silo resulting in serious injuries.

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Eamonn McSweeney(director of John H. Bennett & Co. Limited)

(See also John H. Bennett & Co. Ltd. above)

This case was originally heard on 9 February 2010 when fines were handed down after the accused pleaded guilty to one charge set out below.  The case was appealed on the grounds of undue leniency of penalty and was heard in the Court of Criminal Appeal on 11 March 2011.  The Court of Criminal Appeal stated that in its opinion the trial judge had considered all mitigating factors and that the fines were not unduly lenient and the appeal was refused.

On 7 July 2006 an employee suffered serious injuries while at work when he became entangled in a ‘sweep auger’ located in the base of a grain silo resulting in serious injuries.

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Padraig Thornton Waste Disposal Limited

In this case sentencing was handed down on the 14 March 2011 at the Circuit Criminal Court, Dublin.

This case arose from an incident on a construction site when a subcontractor’s employee became trapped between the side of the excavation and the cab of a roller machine.  The Defendant Company was the Project Supervisor Construction Stage and the main contractor on site.  The employee suffered fatal injuries. The Defendant Company pleaded guilty to three charges. 

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Technical Engineering and Tooling Services Limited

(See also outcome of prosecution for Tommy Kelly, Eugene Shiel and John Hunt)

On the 6 of March 2006, the drill bit from a Hurco VMX30S CNC milling machine struck an employee at speed. The employee died later from his injuries. The accused pleaded guilty and was sentenced on the 12th May 2011, in Mullingar Circuit Court.

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Eugene Shiel

(See outcome of prosecution for Tommy Kelly, John Hunt and Technical Engineering and Tooling Services Ltd.)

On the 6 of March 2006, the drill bit from a Hurco VMX30S CNC milling machine struck an employee at speed. The employee died later from his injuries. This accused entered a plea of guilty to count 1 on the indictment was sentenced on the 12th May 2011, in Mullingar Circuit Court. Mr Shiel received a one year term of imprisonment suspended unconditionally.

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Tommy Kelly

(see also outcome of prosecution for Eugene Shiel, John Hunt and Technical Engineering and Tooling Services)

On the 6 of March 2006, the drill bit from a Hurco VMX30S CNC milling machine struck an employee at speed. The employee died later from his injuries. This accused entered a plea of guilty to count 1 on the indictment and was sentenced on the 12th May 2011, in Mullingar Circuit Court. Mr Kelly received a one year term of imprisonment, suspended unconditionally.

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John Hunt

(see also outcome of prosecution for Tommy Kelly, Eugene Shiel and Technical Engineering and Tooling Services)

On the 6 of March 2006, the drill bit from a Hurco VMX30S CNC milling machine struck an employee at speed.  The employee died later from his injuries.  This accused entered a plea of guilty to count 4 on the indictment and was sentenced on the 12^th May 2011, in Mullingar Circuit Court.   Mr Hunt received a one year term of imprisonment suspended unconditionally.

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Rice & Roddy Ltd

On 3 July 2009 an employee of Rice and Roddy Ltd. suffered severe injuries when he was struck by a car display ramp as it was being moved by a forklift. The accused pleaded guilty and was sentenced on the 6 May 2011 in Dundalk Circuit Court.

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OS Sheetmetal Ltd

On the 16 of October 2009 an employee of OS Sheetmetal Ltd. severed severe injuries whilst operating a Coventry lathe.  A section of the stock bar was not securely fenced and the lathe did not have a safety guard in place. The accused pleaded guilty and was sentenced on the 24 May 2011 in the Cork City Circuit Court.

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G&T Crampton Ltd

This case arose from a fatal accident to the employee of a sub-contractor whilst crossing a designated pedestrian walkway to a building site compound.  He was struck by a scaffold board.  The case came on for hearing on 6 July 2011 at the Dublin Circuit Criminal Court and the accused pleaded guilty and was sentenced as follows:

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Dermot Boyce

On 8 January 2011 a fatal accident occurred on a construction site at Milford Co. Donegal when the bucket of an excavator became detached from the machine and fell on the individual.  The excavator was not fitted with a safety pin in the quick hitch device that attached the bucket to the machine. The matter came on for hearing on 12 July 2011 at Letterkenny Circuit Court.  Mr. Boyce pleaded guilty to one count and was sentenced to 3 months in prison, substituted by 150 hours of community service.

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Concast Precast Ltd

On the 4 April 2008 in the manufacturing facility of Concast Precast Ltd., Hazelhatch, Co. Dublin and during the course of excavation works for foundations, a bucket attached to a quick hitch mechanism of a 360⁰ excavator became detached falling into an excavation and fatally injuring an employee. The accused pleaded guilty to two counts and was sentenced on 21 July 2011 in the Dublin Circuit Court.

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B and Q Ireland Ltd

On the 29 March 2009 a member of the public suffered fatal injuries while shopping in the B&Q DIY store, Belgard Retail Park, Belgard Road, Tallaght, Dublin 24.  He was struck by a 500kg bundle of lap-panel fencing which fell approximately 4 meters from the top bay of storage racking in the garden centre. The matter came before the Dublin Circuit Criminal Court on 27 July 2011 and the accused pleaded guilty to one count.

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Mr. Binman Limited

A fatal accident involving an employee of Mr. Binman Limited when he was struck with a loading shovel machine.  The matter came for hearing on 27 July 2011 at Limerick Circuit Court.  The accused pleaded guilty to two charges.

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Kilwex Limited

(see also Al Read Electrical Company Limited below)

On the 14 January 2008 an employee of Al Read Electrical Ltd received serious electrocution injuries when installing public lighting poles at a Dundalk construction site.  Kilwex Ltd. was the Project Supervisor Construction Stage.  There were no measures such as goalposts or signs at the accident location to warn of the presence of overhead electricity lines.  The company pleaded guilty to two charges set out below.  The matter came on for hearing on 14 October 2011 at Dundalk Circuit Court.

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Al Read Electrical Company Limited

(See also Kilwex Limited)

On the 14 January 2008 an employee of Al Read Electrical Ltd received serious electrocution injuries when installing public lighting poles at a Dundalk construction site.  Kilwex Ltd. was the Project Supervisor Construction Stage.  There were no measures such as goalposts or signs at the accident location to warn of the presence of overhead electricity lines.  The company pleaded guilty to two charges set out below.  The matter came on for hearing on 14 October 2011 at Dundalk Circuit Court

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K.S.D. Construction Services Limited

(see also Daniel Kelleher)

Offences were detected during a routine inspection on 27 August 2009 at a construction site at Oliver Plunkett Street, Cork. Failure to ensure scaffolding was erected, assembled and installed in a safe manner. The company pleaded guilty to all charges. The matter came on for hearing on 7 November 2011 at Cork Circuit Criminal Court.

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Daniel Kelleher (Director of K.S.D. Construction Services Ltd.)

(see also in K.S.D. Construction Services Limited)

Offences were detected during a routine inspection on 27 August 2009 at a construction site at Oliver Plunkett Street, Cork.  Failure to ensure scaffolding was erected, assembled and installed in a safe manner. The matter came on for hearing on 7 November 2011 at Cork Circuit Criminal Court and the accused director pleaded guilty as follows:

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Gibson Bros (Ireland) Ltd.

This matter came on for hearing on 19 October 2011 at Dundalk Circuit Court.  A fatal accident concerning a member of the public at Clogherhead, Co. Louth involving roadworks.  The accused was the Project Supervisor for the Construction Stage for a road realignment project and pleaded guilty to all charges.

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Pouladuff Dismantlers Cork Limited

This case arose from the investigation of a fatal accident to an employee of Pouladuff Dismantlers Cork Limited. He was killed on the 10^th of April 2010 when a 5 tonne weight struck him.  The investigation found that the company failed to provide a written risk assessment for the operation.  The company pleaded guilty.  The matter came on for hearing at Cork Circuit Court on 30 November 2011.

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